Regular Session - June 20, 2019
7092
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 June 20, 2019
11 12:47 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR BRIAN A. BENJAMIN, Acting President
19 ALEJANDRA N. PAULINO, ESQ., Secretary
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21
22
23
24
25
7093
1 P R O C E E D I N G S
2 ACTING PRESIDENT BENJAMIN: The
3 Senate will come to order.
4 I ask everyone present to please
5 rise and recite the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 ACTING PRESIDENT BENJAMIN: In the
9 absence of clergy, let us bow our heads in a
10 moment of silent reflection or prayer.
11 (Whereupon, the assemblage respected
12 a moment of silence.)
13 ACTING PRESIDENT BENJAMIN: The
14 reading of the Journal.
15 THE SECRETARY: In Senate,
16 Wednesday, June 19, 2019, the Senate met pursuant
17 to adjournment. The Journal of Tuesday, June 18,
18 2019, was read and approved. On motion, Senate
19 adjourned.
20 ACTING PRESIDENT BENJAMIN: Without
21 objection, the Journal stands approved as read.
22 Presentation of petitions.
23 Messages from the Assembly.
24 The Secretary will read.
25 THE SECRETARY: On page 5,
7094
1 Senator Salazar moves to discharge, from the
2 Committee on Rules, Assembly Bill Number 318A and
3 substitute it for the identical Senate Bill
4 Number 2888A, Third Reading Calendar 137.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 THE SECRETARY: On page 10,
8 Senator Hoylman moves to discharge, from the
9 Committee on Judiciary, Assembly Bill Number 6082
10 and substitute it for the identical Senate Bill
11 Number 3839, Third Reading Calendar 306.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 THE SECRETARY: On page 15,
15 Senator Thomas moves to discharge, from the
16 Committee on Rules, Assembly Bill Number 117A and
17 substitute it for the identical Senate Bill
18 Number 4020A, Third Reading Calendar 549.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 THE SECRETARY: On page 25,
22 Senator Breslin moves to discharge, from the
23 Committee on Rules, Assembly Bill Number 1434B
24 and substitute it for the identical Senate Bill
25 Number 6111A, Third Reading Calendar 914.
7095
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 THE SECRETARY: On page 31,
4 Senator Kavanagh moves to discharge, from the
5 Committee on Rules, Assembly Bill Number 8122 and
6 substitute it for the identical Senate Bill
7 Number 6411A, Third Reading Calendar 1629.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 THE SECRETARY: On page 31,
11 Senator Mayer moves to discharge, from the
12 Committee on Rules, Assembly Bill Number 8339 and
13 substitute it for the identical Senate Bill
14 Number 6494, Third Reading Calendar 1644.
15 ACTING PRESIDENT BENJAMIN: The
16 substitution is so ordered.
17 Messages from the Governor.
18 Reports of standing committees.
19 Reports of select committees.
20 Communications and reports from
21 state officers.
22 Motions and resolutions.
23 Senator Gianaris.
24 SENATOR GIANARIS: Hello,
25 Mr. President.
7096
1 On behalf of Senator Brooks, I move
2 to amend Senate Bill 6588B by striking out the
3 amendments made on June 18, 2019, and restoring
4 it to its previous print number, 6588A.
5 ACTING PRESIDENT BENJAMIN: It is
6 so ordered.
7 SENATOR GIANARIS: I now move to
8 adopt the Resolution Calendar, with the exception
9 of Resolutions 2112 and 2122.
10 ACTING PRESIDENT BENJAMIN: All in
11 favor of adopting the Resolution Calendar, with
12 the exception of Resolutions 2112 and 2122,
13 please signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT BENJAMIN:
16 Opposed, nay.
17 (No response.)
18 ACTING PRESIDENT BENJAMIN: The
19 Resolution Calendar is adopted.
20 Senator Gianaris.
21 SENATOR GIANARIS: Mr. President,
22 at this time can we please take up
23 Resolution 2112, by Senator Harckham -- who I
24 understand is a fan of the band Rush -- read that
25 resolution's title only, and recognize
7097
1 Senator Harckham on Resolution 2112.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will read.
4 THE SECRETARY: Senate resolution
5 2112, by Senator Harckham, mourning the death of
6 the Honorable James F. Reitz, Putnam County Court
7 Judge, distinguished citizen and devoted member
8 of his community.
9 ACTING PRESIDENT BENJAMIN: Senator
10 Harckham on the resolution.
11 SENATOR HARCKHAM: Thank you,
12 Mr. President.
13 Judge Reitz was taken from us far
14 too early last week, doing what he loved,
15 presiding in drug court in Putnam County.
16 Aside from being a dedicated public
17 servant, he was a town judge, a county court
18 judge, acting Supreme Court judge. He embodied a
19 lot of what we've been talking about in this
20 chamber this year, is decriminalizing people with
21 substance use disorder and treating it as the
22 disease that it is, and diverting people from
23 incarceration into treatment and enabling them to
24 resume productive lives and to stay in their
25 community.
7098
1 And Judge Reitz, it's not an
2 exaggeration to say, saved hundreds of lives,
3 saved hundreds of lives. He was a remarkable
4 human being, was taken from us far too soon. And
5 I'm just so pleased that this chamber would take
6 a moment to honor him.
7 I know Senator Serino knew the judge
8 much longer than I did, but in the time I knew
9 him, he made such an impression as somebody who
10 put his heart and soul into everything he did,
11 and he put those who he worked with -- and all
12 the people who came into his court were people he
13 worked with, not people he presided over.
14 And he cared about each of them
15 intimately, their lives and their families. And
16 thanks to him, there are hundreds of people alive
17 today who might not be so.
18 So thank you.
19 ACTING PRESIDENT BENJAMIN:
20 Senator Serino on the resolution.
21 SENATOR SERINO: Thank you,
22 Mr. President.
23 Thank you, Senator Harckham.
24 Judge Reitz was one of a kind. You
25 know, he was the kind of a judge that just had
7099
1 this big huge smile on his face. And it was
2 amazing, in his drug court he -- like
3 Senator Harckham said, he kept hundreds of people
4 out of jail, saved hundreds of lives. It was
5 such a unique program that NBC News actually
6 featured him when they did a series on the U.S.
7 drug courts.
8 And I can tell you, he was the most
9 kindest, most generous person I've ever had the
10 pleasure to know. Always had a big smile on his
11 face, and he'd always ask you, you know, what do
12 you need? Anything you need, I'm here for you.
13 And the people that went before
14 him -- you have to remember, these are people
15 that are down on their luck. The addiction
16 problems that they went through. They respected
17 him, because he give them a chance. He gave them
18 hope.
19 So my friend, I will forever miss
20 you. His wife Barbara and family, my sincerest
21 sympathies towards them. But his legacy will
22 live on.
23 So thank you, Mr. President.
24 ACTING PRESIDENT BENJAMIN: The
25 question is on the resolution. All in favor
7100
1 signify by saying aye.
2 (Response of "Aye.")
3 ACTING PRESIDENT BENJAMIN:
4 Opposed?
5 (No response.)
6 ACTING PRESIDENT BENJAMIN: The
7 resolution is adopted.
8 Senator Gianaris.
9 SENATOR GIANARIS: Mr. President,
10 can we now take up Resolution 2122, by
11 Senator Ramos, read that resolution's title only,
12 and recognize Senator Ramos.
13 ACTING PRESIDENT BENJAMIN: The
14 Secretary will read.
15 THE SECRETARY: Senate Resolution
16 2122, by Senator Ramos, memorializing Governor
17 Andrew M. Cuomo to proclaim July 20, 2019, as
18 Colombian Independence Day in the State of
19 New York.
20 ACTING PRESIDENT BENJAMIN:
21 Senator Ramos on the resolution.
22 SENATOR RAMOS: Thank you,
23 Mr. President.
24 I'm very proud to sponsor this
25 resolution today here in the State Senate as a
7101
1 Colombian-American. Both of my parents
2 immigrated to this country 40 years ago.
3 We have been -- it's been a country
4 that's been marred by war for the past more than
5 50 years. And we've really tried to adhere to a
6 peace agreement that was reached a few years ago
7 and that the current government of that country
8 has decided to ignore. It's been quite a turmoil
9 that Colombians have been living under for I
10 don't know how long, and it's how so many of our
11 parents and so many of my peers have ended up
12 here in this country.
13 In fact, as of the last census,
14 around 230,000 Colombians reside in New York;
15 140,000 of them are my neighbors in my district.
16 And so I wanted to make sure that we
17 were honoring Colombian heritage, our happiness,
18 our flavors, our people. Not many people know
19 that Luis Miguel Castro, who was the first Latin
20 American ballplayer in Major League Baseball, was
21 Colombian. We've been here for a very long time.
22 And I want to thank Andrea
23 Stewart-Cousins and my colleagues for allowing us
24 to honor our heritage.
25 Thank you.
7102
1 ACTING PRESIDENT BENJAMIN: The
2 question is on the resolution. All in favor
3 signify by saying aye.
4 (Response of "Aye.")
5 ACTING PRESIDENT BENJAMIN:
6 Opposed?
7 (No response.)
8 ACTING PRESIDENT BENJAMIN: The
9 resolution is adopted.
10 Senator Gianaris.
11 SENATOR GIANARIS: At the request
12 of the sponsors, the resolutions we just took up
13 are open for cosponsorship.
14 ACTING PRESIDENT BENJAMIN: All of
15 the resolutions are open for cosponsorship.
16 Should you choose not to be a cosponsor of the
17 resolutions, please notify the desk.
18 Senator Gianaris.
19 SENATOR GIANARIS: At this time
20 there will be an immediate meeting of the
21 Committee on Rules in Room 332.
22 ACTING PRESIDENT BENJAMIN: There
23 will be an immediate meeting of the Committee on
24 Rules in Room 332.
25 SENATOR GIANARIS: The Senate will
7103
1 stand at ease.
2 Oh, I'm sorry, wrong committee
3 meeting. There will be an immediate meeting of
4 the Committee on Judiciary in Room 332.
5 ACTING PRESIDENT BENJAMIN: There
6 will be an immediate meeting of the
7 Judiciary Committee in Room 332.
8 SENATOR GIANARIS: Now the Senate
9 will stand at ease.
10 ACTING PRESIDENT BENJAMIN: The
11 Senate will stand at ease.
12 (Whereupon, the Senate stood at ease
13 at 12:56 p.m.)
14 (Whereupon, the Senate reconvened at
15 12:59 p.m.)
16 ACTING PRESIDENT BENJAMIN: The
17 Senate will return to order.
18 Senator Gianaris.
19 SENATOR GIANARIS: Mr. President,
20 at this time can we take up the reading of the
21 calendar.
22 ACTING PRESIDENT BENJAMIN: The
23 Secretary will read.
24 THE SECRETARY: Calendar Number
25 137, Assembly Print Number 318A, substituted
7104
1 earlier by Assemblymember Paulin, an act to amend
2 the Public Health Law.
3 SENATOR GIANARIS: Lay it aside for
4 the day.
5 ACTING PRESIDENT BENJAMIN: The
6 bill will be laid aside for the day.
7 THE SECRETARY: Calendar Number
8 306, Assembly Print Number 6082, substituted
9 earlier by Assemblymember Dinowitz, an act to
10 amend the Real Property Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect July 1, 2021.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 60.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 411, Senate Print 4241A, by Senator Kaminsky, an
25 act to amend the Alcoholic Beverage Control Law.
7105
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 6. This
4 act shall take effect on the 120th day after it
5 shall have become a law.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: In relation to
12 Calendar Number 411, those Senators voting in the
13 negative are Senators Antonacci, Helming, Jordan
14 and Ranzenhofer.
15 Ayes, 56. Nays, 4.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 455, Senate Print 1693B, by Senator Krueger, an
20 act to amend the Public Health Law and the
21 Civil Rights Law.
22 SENATOR GIANARIS: Lay it aside for
23 the day.
24 ACTING PRESIDENT BENJAMIN: The
25 bill will be laid aside for the day.
7106
1 THE SECRETARY: Calendar Number
2 549, Assembly Bill Number 117A, substituted
3 earlier by Assemblymember Buchwald, an act to
4 amend the General Business Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 600, Senate Print 2161B, by Senator Bailey, an
19 act to amend the Correction Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect on the 120th day after it
24 shall have become a law.
25 ACTING PRESIDENT BENJAMIN: Call
7107
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 600, those Senators voting in the
7 negative are Senators Akshar, Antonacci,
8 Flanagan, Funke, Gallivan, Griffo, Helming,
9 Jacobs, Jordan, Little, Martinez, O'Mara, Ortt,
10 Ranzenhofer, Ritchie, Robach, Serino, Seward and
11 Tedisco.
12 Ayes, 43. Nays, 19.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 612, Senate Print 93, by Senator Kaminsky, an act
17 to amend the Election Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN: Senator
7108
1 Antonacci to explain his vote.
2 SENATOR ANTONACCI: Thank you,
3 Mr. President.
4 I will be voting in the affirmative
5 on this bill, and I want to thank the sponsor for
6 bringing it forward.
7 I note that under this bill, death
8 will now prevent funds from being transferred to
9 a party committee or candidate committee. And
10 while that may seem harsh, I would say to retired
11 politicians, you'd better do some estate
12 planning. I can't think of one good public
13 policy reason why a retired politician should be
14 able to keep campaign funds until the date of
15 death.
16 I vote aye.
17 ACTING PRESIDENT BENJAMIN: Senator
18 Antonacci to be recorded in the affirmative.
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 826, Senate Print 3916B, by Senator Stavisky, an
25 act to amend the Education Law.
7109
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 914, Assembly Print Number 1434B, substituted
15 earlier by Assemblymember Santabarbara, an act to
16 amend the Agriculture and Markets Law.
17 SENATOR GIANARIS: Lay it aside for
18 the day.
19 ACTING PRESIDENT BENJAMIN: The
20 bill will be aside for the day.
21 THE SECRETARY: Calendar Number
22 1036, Senate Print 3445, by Senator Stavisky, an
23 act to amend the Education Law.
24 ACTING PRESIDENT BENJAMIN: Read
25 the last section.
7110
1 THE SECRETARY: Section 2. This
2 act shall take effect immediately.
3 ACTING PRESIDENT BENJAMIN: Call
4 the roll.
5 (The Secretary called the roll.)
6 ACTING PRESIDENT BENJAMIN:
7 Announce the results.
8 THE SECRETARY: Ayes, 62.
9 ACTING PRESIDENT BENJAMIN: The
10 bill is passed.
11 THE SECRETARY: Calendar Number
12 1042, Senate Print 5848B, by Senator Harckham, an
13 act to amend the Education Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 4. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: Ayes, 62.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
7111
1 THE SECRETARY: Calendar Number
2 1145, Senate Print 5021, by Senator Metzger, an
3 act to amend the Environmental Conservation Law.
4 SENATOR GIANARIS: Lay it aside for
5 the day.
6 ACTING PRESIDENT BENJAMIN: The
7 bill will be laid aside for the day.
8 THE SECRETARY: Calendar Number
9 1607, Senate Print 5224B, by Senator Kennedy, an
10 act to amend the Education Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 4. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Senator
19 Jacobs to explain his vote.
20 SENATOR JACOBS: Thank you,
21 Mr. President.
22 I want to thank Senator Kennedy for
23 bringing this bill forward this year. I
24 sponsored it last year.
25 As a former Buffalo School Board
7112
1 member, I know how hard it is. The Buffalo
2 School Board, currently the election is in May, I
3 think it's a week before all the other May
4 elections of all the other school boards around
5 the area and the county, so it is incredibly
6 difficult to get voter turnout. Sometimes
7 turnout is as low as 3 percent. And it's a
8 school district that has over 30,000 children, a
9 billion-dollar budget, twice the size of the city
10 budget.
11 So I'm very glad this is happening.
12 I hope it is moving in the other house. I do
13 regret that it was not able to happen a few
14 months earlier so that it would have caught this
15 year's election, which is a significant election
16 because the seats all lined up this year, which
17 is only one time every 15 years.
18 But hopefully moving forward, this
19 will increase significantly voter turnout in this
20 very, very important election.
21 Thank you.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Jacobs to be recorded in the affirmative.
24 Senator Kennedy to explain his vote.
25 SENATOR KENNEDY: Thank you,
7113
1 Mr. President.
2 I rise to support this legislation.
3 I want to thank my colleagues for their support.
4 This is regarding turning people out
5 in the City of Buffalo as it pertains to arguably
6 the most important elections in the community,
7 and that is for Buffalo School Board, who make
8 decisions on behalf of our most precious
9 resource, our children.
10 As the father of three children in
11 the Buffalo public schools, I have a personal
12 stake in this. As a parent, I recognize the
13 importance of having individuals that are placed
14 in positions of trust, that are elected by the
15 people. And the important part is ensuring that
16 everyone's voice is heard.
17 And this Democratic Conference
18 has taken a major stride throughout this entire
19 session to increase voter turnout, starting with
20 the first piece of legislation that we passed in
21 this legislative session, and a series of bills
22 over the course of the last several months to
23 enhance voter turnout, to make it easier for
24 people to get to the polls, to make it easier for
25 people to exercise their right, as American
7114
1 citizens, to vote. It's the bedrock of our
2 democracy.
3 And unfortunately, as it pertains to
4 Buffalo City School Board elections specifically
5 in the City of Buffalo, the City of Buffalo is
6 way out of line. The City of Rochester has their
7 elections in November, the City of Syracuse has
8 their elections in November. The other Big Five,
9 Yonkers and New York, are under mayoral control,
10 so they don't have school board elections. So
11 Buffalo is in its own category.
12 The problem with that is that the
13 voter turnout in May has been abysmal,
14 embarrassing. This year, with unprecedented
15 attention paid to the Buffalo School Board,
16 16 people running for Buffalo School Board,
17 at-large seats giving everybody a reason to come
18 out and vote, 6.6 percent of the electorate
19 decided to take part. That is unfortunate. That
20 needs to change.
21 This legislation will ensure that
22 the school board elections are in November, when
23 we already know people are paying attention,
24 they're engaged, they are going to be out at the
25 polls, and they will participate in, again,
7115
1 arguably the most important election in the
2 community.
3 With that, Mr. President, I want to
4 thank the clergy, the community activists, the
5 parents, the NAACP, the various organizations
6 that have worked to advance this legislation over
7 many years, this is carried by Majority Leader
8 Crystal Peoples-Stokes, I give her tremendous
9 credit, in the Assembly.
10 And hopefully we can get this done,
11 move on, and in three years when the next
12 election for Buffalo School Board takes place, we
13 will have a large turnout, an enhanced turnout,
14 and an engaged electorate for the important
15 election at hand.
16 Mr. President, thank you so much. I
17 vote aye.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Kennedy to be recorded in the affirmative.
20 Senator Little to explain her vote.
21 SENATOR LITTLE: Thank you,
22 Mr. President. I would like to explain my vote.
23 We worked really hard to get May as
24 a school election day. And as one who represents
25 49 different school districts, they all benefit,
7116
1 because they're all on the same day and there's a
2 lot of publicity going on.
3 I know everyone wants to get more
4 people out to vote, but I would not want to see
5 us lose that uniform school election day, and I
6 vote no.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Little to be recorded in the negative.
9 Announce the results.
10 THE SECRETARY: In relation to
11 Calendar Number 1607, those Senators voting in
12 the negative are Senators Antonacci, Griffo,
13 Little and Ranzenhofer. Also Senator LaValle.
14 Also Senator Ritchie.
15 Ayes, 56. Nays, 6.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1629, Assembly Print Number 8122, substituted
20 earlier by Assemblymember Niou, an act to amend
21 the Public Authorities Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 2. This
25 act shall take effect immediately.
7117
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 1629, voting in the negative:
8 Senator O'Mara.
9 Ayes, 61. Nays, 1.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1644, Assembly Print Number 8339, substituted
14 earlier by Assemblymember Otis, an act to amend
15 Chapter 498 of the Laws of 2017.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
7118
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1651, Senate Print 6526A, by Senator O'Mara, an
5 act to amend the Highway Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 3. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1658, Senate Print 6571A, by Senator Kavanagh, an
20 act to amend the Administrative Code of the City
21 of New York.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 38. This
25 act shall take effect immediately.
7119
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: In relation to
7 Calendar Number 1658, those Senators voting in
8 the negative are Senators Akshar, Amedore,
9 Antonacci, Boyle, Brooks, Flanagan, Funke,
10 Gallivan, Gaughran, Griffo, Helming, Jacobs,
11 Jordan, Lanza, LaValle, Little, Martinez, Ortt,
12 Ranzenhofer, Ritchie, Robach, Serino, Seward and
13 Tedisco.
14 Ayes, 38. Nays, 24.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1665, Senate Print 6584, by Senator Sepúlveda, an
19 act to amend the Vehicle and Traffic Law.
20 SENATOR GRIFFO: Lay it aside.
21 SENATOR GIANARIS: Lay it aside
22 temporarily.
23 ACTING PRESIDENT BENJAMIN: Lay it
24 aside temporarily.
25 THE SECRETARY: Calendar Number
7120
1 1666, Senate Print 6597, by Senator Ramos, an act
2 to amend the Vehicle and Traffic Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the same date and in the
7 same manner as Section 6 of a chapter of the Laws
8 of 2019.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: In relation to
15 Calendar Number 1666, those Senators voting in
16 the negative are Senators LaValle and Little.
17 Ayes, 60. Nays, 2.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1669, Assembly Print Number 8126A, substituted
22 earlier by Assemblymember Paulin, an act
23 establishing the "Gateway Development Commission
24 Act."
25 SENATOR GIANARIS: Lay it aside
7121
1 temporarily, please.
2 ACTING PRESIDENT BENJAMIN: Lay it
3 aside temporarily.
4 THE SECRETARY: Calendar Number
5 1693, Senate Print 5414C, by Senator Gounardes,
6 an act to amend the Retirement and Social
7 Security Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 2. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 THE SECRETARY: Calendar Number
21 1707, Senate Print 6285A, by Senator Ranzenhofer,
22 an act to authorize the Town of Amherst, County
23 of Erie, to alienate and discontinue the use of
24 certain parklands.
25 ACTING PRESIDENT BENJAMIN: There
7122
1 is a home-rule message at the desk.
2 Read the last section.
3 THE SECRETARY: Section 5. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1749, Senate Print 6594, by Senator Biaggi, an
15 act to amend the Executive Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 5. This
19 act shall take effect on the same date and in the
20 same manner as a chapter of the Laws of 2019.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7123
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 1777, Senate Print 5484B, by Senator O'Mara, an
6 act to amend the Highway Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 3. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 THE SECRETARY: Calendar Number
20 1796, Senate Print 6412, by Senator Kavanagh, an
21 act to amend the Public Housing Law.
22 SENATOR GIANARIS: Lay it aside for
23 the day.
24 ACTING PRESIDENT BENJAMIN: The
25 bill will be laid aside for the day.
7124
1 THE SECRETARY: Calendar Number
2 1804, Senate Print 6593, by Senator Gallivan, an
3 act to amend the County Law.
4 ACTING PRESIDENT BENJAMIN: Read
5 the last section.
6 THE SECRETARY: Section 2. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1805, Senate Print Number 5898D, by
18 Senator Gaughran, an act to amend the
19 Retirement and Social Security Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 4. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
7125
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Senator Gaughran to explain his vote.
4 SENATOR GAUGHRAN: Thank you,
5 Mr. President.
6 You know, we have accomplished a lot
7 this session, and the one common thread with much
8 of what we've done is we've helped people. We've
9 helped make the lives of New Yorkers better.
10 And today we get to do that again
11 for several hundred people who on 9/11 -- and
12 then weeks, months and even years after -- worked
13 alongside their uniformed brothers and sisters,
14 firefighters, police and others, and now many of
15 them are sick. Many of them are in their last
16 days. Many really have hope that they're going
17 to be able to move on with their lives and
18 continue to have some quality of life.
19 And unfortunately, because of the
20 way some of the programs were adopted in the
21 past, these folks, because they're not uniformed,
22 they're not getting the same retirement benefits
23 as the others that they worked alongside of, one
24 of whom is Timothy DeMeo, who has been relentless
25 in pushing for the passage of this legislation.
7126
1 He worked for the Department of Environmental
2 Conservation and was there when the towers were
3 coming down, and stayed there throughout.
4 So on behalf of Mr. DeMeo and so
5 many others who did so much for this state, I
6 proudly vote in the affirmative, Mr. President.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Gaughran to be recorded in the affirmative.
9 Senator Jackson to explain his vote.
10 SENATOR JACKSON: Thank you,
11 Mr. President.
12 In reading the briefing documents, I
13 see that this piece of -- bill is supported by
14 two major unions: One, DC37, which is the
15 largest of union employees in New York City, but
16 also by the New York State Public Employees
17 Federation, the acronym is PEF. And I worked for
18 the union for 22 years.
19 And Senator Gaughran mentioned about
20 the employee, whether or not he was a
21 management/confidential PEF employee, unionized,
22 or CSEA, the bottom line is that these
23 individuals that we're talking about put
24 themselves on the line and were injured and are
25 now retired, and they deserve the same type of
7127
1 benefits as people in the uniformed services.
2 And it says -- I'm reading part of
3 the support memo: "The current law provides for
4 three-quarters disability for uniformed
5 personnel -- police, fire, EMT, corrections and
6 sanitation. However, certain state employees
7 whose retirement tier does not allow for
8 three-quarters disability retirement and were
9 involved in the post-9/11 effort suffered both
10 physically and financially due to their heroic
11 efforts. They deserve the same type of
12 benefits."
13 So thank you, Senator Gaughran, for
14 putting forward this on behalf of our chambers.
15 And Mr. President, I respectfully vote aye.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Jackson to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 Senator Gianaris, that completes the
23 reading of today's calendar.
24 SENATOR GIANARIS: Thank you,
25 Mr. President.
7128
1 At this time we're going to break
2 for party conferences, but staff continues to
3 prepare the materials.
4 There will be a Democratic
5 conference at 2:00 p.m. in Room 332.
6 And can you please recognize
7 Senator Griffo for an announcement.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Griffo.
10 SENATOR GRIFFO: Thank you,
11 Mr. President.
12 There will be a Republican
13 conference at 2:00 p.m. in Room 315.
14 ACTING PRESIDENT BENJAMIN: There
15 will be a Democratic Conference meeting in
16 Room 332 at 2:00 p.m., and there will be a
17 Republican Conference meeting in Room 315 at
18 2:00 p.m.
19 SENATOR GIANARIS: The Senate will
20 stand at ease, Mr. President.
21 ACTING PRESIDENT BENJAMIN: The
22 Senate will stand at ease.
23 (Whereupon, the Senate stood at ease
24 at 1:20 p.m.)
25 (Whereupon, the Senate reconvened at
7129
1 4:45 p.m.)
2 ACTING PRESIDENT MAYER: The Senate
3 will return to order.
4 Senator Breslin.
5 SENATOR BRESLIN: Madam President,
6 there will be an immediate meeting of the
7 Rules Committee in Room 332.
8 Until that meeting is completed, the
9 Senate will stand at ease.
10 ACTING PRESIDENT MAYER: There will
11 be an immediate meeting of the Rules Committee in
12 Room 332.
13 The Senate will stand at ease.
14 (Whereupon, the Senate stood at ease
15 at 4:45 p.m.)
16 (Whereupon, the Senate reconvened at
17 5:11 p.m.)
18 ACTING PRESIDENT BENJAMIN: The
19 Senate will return to order.
20 Senator Gianaris.
21 SENATOR GIANARIS: Can we return to
22 reports of standing committees. I believe
23 there's a report of the Rules Committee at the
24 desk.
25 ACTING PRESIDENT BENJAMIN: There
7130
1 is a report of the Rules Committee at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator
4 Stewart-Cousins, from the Committee on Rules,
5 reports the following bills:
6 Senate Print 31, by Senator Hoylman,
7 an act to amend the Public Authorities Law and
8 the New York State Urban Development Corporation
9 Act;
10 Senate Print 311, by Senator Felder,
11 an act to direct the Commissioner of Education to
12 examine, evaluate and make recommendations on the
13 provision of services by public school guidance
14 counselors to students in grades 8 through 12;
15 Senate Print 649, by
16 Senator Kennedy, an act to amend the
17 Private Housing Finance Law;
18 Senate Print 1731, by
19 Senator Jacobs, an act authorizing the Village of
20 Angola and the City of Buffalo to correct a
21 boundary line between certain properties in the
22 Town of Evans in the County of Erie;
23 Senate Print 2547, by
24 Senator Little, an act to amend the
25 Public Authorities Law;
7131
1 Senate Print 2915A, by Senator
2 Helming, an act to amend the Correction Law;
3 Senate Print 3122, by
4 Senator Martinez, an act to amend the
5 Criminal Procedure Law;
6 Senate Print 3772, by
7 Senator Addabbo, an act to amend the
8 Education Law;
9 Senate Print 3948, by
10 Senator Ritchie, an act to amend the Vehicle and
11 Traffic Law;
12 Senate Print 4160A, by
13 Senator Little, an act to amend Chapter 491 of
14 the Laws of 2018;
15 Senate Print 4200A, by Senator
16 Lanza, an act to amend the Navigation Law;
17 Senate Print 4631, by
18 Senator Gaughran, an act to amend the
19 Volunteer Firefighters' Benefit Law and the
20 Volunteer Ambulance Workers' Benefit Law;
21 Senate Print 4663B, by Senator
22 Carlucci, an act to amend the Education Law;
23 Senate Print 5017A, by
24 Senator Parker, an act to amend the Banking Law;
25 Senate Print 5084, by
7132
1 Senator Salazar, an act to amend the Tax Law;
2 Senate Print 5221, by
3 Senator Skoufis, an act to amend the Public
4 Health Law;
5 Senate Print 5245, by
6 Senator Kennedy, an act to amend the General
7 Business Law;
8 Senate Print 5422, by
9 Senator Kennedy, an act to amend the Highway Law;
10 Senate Print 5611, by
11 Senator Little, an act to allow deputy sheriffs
12 Matthew Ashton, Bradley Hamilton, and
13 Joshua Whitney to join the optional 25-year
14 retirement plan;
15 Senate Print 5679A, by
16 Senator Savino, an act to amend the Labor Law;
17 Senate Print 5856, by
18 Senator Little, an act to amend the
19 Environmental Conservation Law;
20 Senate Print 5961, by
21 Senator Savino, an act to amend the
22 General Business Law and the Penal Law;
23 Senate Print 6144, by
24 Senator Robach, an act to amend the
25 General Municipal Law;
7133
1 Senate Print 6169A, by Senator
2 Kennedy, an act to amend the Transportation Law;
3 Senate Print 6260, by
4 Senator Brooks, an act to amend the County Law;
5 Senate Print 6346, by
6 Senator Sepúlveda, Concurrent Resolution of the
7 Senate and Assembly proposing an amendment to
8 Section 15 of Article VI of the Constitution
9 relating to the New York City Civil Court;
10 Senate Print 6357, by
11 Senator LaValle, an act to amend the
12 Environmental Conservation Law;
13 Senate Print 6391, by Senator
14 Salazar, an act to repeal 206-b of the Labor Law;
15 Senate Print 6441, by
16 Senator O'Mara, an act in relation to authorizing
17 the Town of Ithaca, County of Tompkins, to
18 alienate and convey certain parcels of land used
19 as parklands;
20 Senate Print 6452, by
21 Senator Kaplan, an act to amend the Real Property
22 Tax Law;
23 Senate Print 6466, by
24 Senator Parker, an act to amend the
25 Public Service Law;
7134
1 Senate Print 6474, by
2 Senator Gounardes, an act to amend the
3 Military Law;
4 Senate Print 6507, by Senator Funke,
5 an act to amend the Criminal Procedure Law;
6 Senate Print 6579A, by
7 Senator Bailey, an act to amend the Penal Law and
8 the Criminal Procedure Law;
9 Senate Print 6585A, by
10 Senator Martinez, an act in relation to
11 permitting Patchogue Fire District to file an
12 application for a retroactive real property tax
13 exemption; and
14 Senate Print 6600, by Senator
15 Bailey, an act to amend the General Business Law.
16 All bills ordered direct to third
17 reading.
18 SENATOR GIANARIS: Move to accept
19 the report of the Rules Committee.
20 ACTING PRESIDENT BENJAMIN: All in
21 favor of accepting the report of the
22 Rules Committee signify by saying aye.
23 (Response of "Aye.")
24 ACTING PRESIDENT BENJAMIN:
25 Opposed, nay.
7135
1 (No response.)
2 ACTING PRESIDENT BENJAMIN: The
3 Rules Committee report is accepted.
4 Senator Gianaris.
5 SENATOR GIANARIS: Mr. President,
6 can we now take up the reading of the
7 supplemental active list.
8 ACTING PRESIDENT BENJAMIN: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 300, Senate Print 4467B, by Senator Carlucci, an
12 act to establish a black youth suicide prevention
13 task force.
14 SENATOR GIANARIS: Lay it aside
15 temporarily.
16 ACTING PRESIDENT BENJAMIN: Lay it
17 aside temporarily.
18 THE SECRETARY: Calendar Number
19 435, Senate Print 4312A, by Senator Biaggi, an
20 act to amend the Civil Practice Law and Rules.
21 SENATOR GIANARIS: Lay it aside for
22 the day.
23 ACTING PRESIDENT BENJAMIN: The
24 bill will be laid aside for the day.
25 There is a substitution at the desk.
7136
1 The Secretary will read.
2 THE SECRETARY: On page 14,
3 Senator Kavanagh moves to discharge, from the
4 Committee on Consumer Protection, Assembly Bill
5 Number 5294 and substitute it for the identical
6 Senate Bill 2302, Third Reading Calendar 546.
7 ACTING PRESIDENT BENJAMIN: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 546, Assembly Print Number 5294, by
12 Assemblymember Crespo, an act to amend the
13 General Business Law and the Banking Law.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 546, voting in the negative:
25 Senator LaValle.
7137
1 Ayes, 61. Nays, 1.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 THE SECRETARY: Calendar Number
5 547, Senate Print 2829B, by Senator Thomas, an
6 act to amend the General Business Law and the
7 Executive Law.
8 ACTING PRESIDENT BENJAMIN: Read
9 the last section.
10 THE SECRETARY: Section 4. This
11 act shall take effect on the first of January.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: In relation to
18 Calendar Number 547, those Senators voting in the
19 negative are Senators Antonacci, Boyle, Funke,
20 Gallivan, Griffo, Helming, Jacobs, Jordan,
21 LaValle, Ortt, Robach, Serino and Tedisco. Also
22 Senator Brooks.
23 Ayes, 48. Nays, 14.
24 ACTING PRESIDENT BENJAMIN: The
25 bill is passed.
7138
1 There is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: On page 20,
4 Senator Sepúlveda moves to discharge, from the
5 Committee on Rules, Assembly Bill Number 7686 and
6 substitute it for the identical Senate Bill
7 Number 5511, Third Reading Calendar 754.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 754, Assembly Print Number 7686, by
13 Assemblymember Quart, an act to amend the
14 Correction Law.
15 ACTING PRESIDENT BENJAMIN: Read
16 the last section.
17 THE SECRETARY: Section 2. This
18 act shall take effect immediately.
19 ACTING PRESIDENT BENJAMIN: Call
20 the roll.
21 (The Secretary called the roll.)
22 ACTING PRESIDENT BENJAMIN:
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
7139
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 783, Senate Print 5591A, by Senator Comrie, an
4 act to amend the Not-For-Profit Corporation Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 2. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 There is a substitution at the desk.
18 The Secretary will read.
19 THE SECRETARY: On page 26,
20 Senator Kavanagh moves to discharge, from the
21 Committee on Codes, Assembly Bill Number 7752 and
22 substitute it for the identical Senate Bill
23 Number 6151, Third Reading Calendar 983.
24 ACTING PRESIDENT BENJAMIN: The
25 substitution is so ordered.
7140
1 The Secretary will read.
2 THE SECRETARY: Calendar Number
3 983, Assembly Print Number 7752, by
4 Assemblymember Dinowitz, an act to amend the
5 Penal Law.
6 SENATOR GRIFFO: Lay it aside.
7 ACTING PRESIDENT BENJAMIN: Lay it
8 aside.
9 There is a substitution at the desk.
10 The Secretary will read.
11 THE SECRETARY: On page 27,
12 Senator LaValle moves to discharge, from the
13 Committee on Rules, Assembly Bill Number 7053 and
14 substitute it for the identical Senate Bill
15 Number 5054, Third Reading Calendar 1046.
16 ACTING PRESIDENT BENJAMIN: The
17 substitution is so ordered.
18 The Secretary will read.
19 THE SECRETARY: Calendar Number
20 1046, Assembly Print Number 7053, by
21 Assemblymember Thiele, an act to amend the
22 Agriculture and Markets Law.
23 ACTING PRESIDENT BENJAMIN: Read
24 the last section.
25 THE SECRETARY: Section 2. This
7141
1 act shall take effect immediately.
2 ACTING PRESIDENT BENJAMIN: Call
3 the roll.
4 (The Secretary called the roll.)
5 ACTING PRESIDENT BENJAMIN:
6 Announce the results.
7 THE SECRETARY: Ayes, 62.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed.
10 THE SECRETARY: Calendar Number
11 1687, Senate Print 3985B, by Senator Stavisky, an
12 act to amend the Real Property Tax Law.
13 ACTING PRESIDENT BENJAMIN: Read
14 the last section.
15 THE SECRETARY: Section 4. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1687, voting in the negative:
24 Senator Salazar.
25 Ayes, 61. Nays, 1.
7142
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1728, Senate Print 6482A, by Senator Breslin, an
5 act to amend the Insurance Law.
6 ACTING PRESIDENT BENJAMIN:
7 Calendar Number 1728 is high and will be laid
8 aside for the day.
9 THE SECRETARY: Calendar Number
10 1788, Senate Print 6219A, by Senator Benjamin, an
11 act to amend the Real Property Tax Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 5. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN: Senator
20 Ranzenhofer to explain his vote.
21 SENATOR RANZENHOFER: Yeah, I'd
22 like to explain my no vote.
23 In my judgment, this is just going
24 to increase costs for individuals living in
25 co-ops and condominiums, and for that reason I'll
7143
1 be voting no.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Ranzenhofer to be recorded in the negative.
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1788, those Senators voting in
7 the negative are Senators Akshar, Amedore,
8 Antonacci, Boyle, Flanagan, Funke, Gallivan,
9 Griffo, Helming, Jacobs, Jordan, LaValle, O'Mara,
10 Ortt, Ranzenhofer, Serino and Tedisco. Also
11 Senator Seward.
12 Ayes, 44. Nays, 18.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1789, Senate Print 6265A, by Senator Gianaris, an
17 act to amend the Labor Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 10. This
21 act shall take effect on the 120th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7144
1 ACTING PRESIDENT BENJAMIN: Senator
2 Ranzenhofer to explain his vote.
3 SENATOR RANZENHOFER: Yes, this
4 bill, like the last bill, also I don't think is
5 good for public policy, number one.
6 It creates two classes of workers,
7 people that work for a company and then people
8 that are contracted out and do the same work.
9 And I think it's discriminatory to have two
10 classes of workers, pay them different amounts of
11 money because they are working for two different
12 entities.
13 But more importantly, at least in my
14 district and I think in districts across the
15 state, this is something that is going to drive
16 up the cost of utility bills for consumers --
17 consumers, our small businesses, families. And I
18 don't think that's the right direction that we
19 should be heading in, and for that reason I'll be
20 voting no.
21 Thank you, Mr. President.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Ranzenhofer to be recorded in the negative.
24 Announce the results.
25 THE SECRETARY: In relation to
7145
1 Calendar Number 1789, those Senators voting in
2 the negative are Senators Akshar, Amedore,
3 Antonacci, Gallivan, Helming, Jacobs, Jordan,
4 Ortt, Serino and Tedisco.
5 Ayes, 52. Nays, 10.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is passed.
8 THE SECRETARY: Calendar Number
9 1803, Senate Print 6588A, by Senator Brooks, an
10 act authorizing the commissioner of education, in
11 consultation with the comptroller, to appoint a
12 monitor to oversee the Wyandanch Union Free
13 School District.
14 ACTING PRESIDENT BENJAMIN: Read
15 the last section.
16 THE SECRETARY: Section 6. This
17 act shall take effect immediately.
18 ACTING PRESIDENT BENJAMIN: Call
19 the roll.
20 (The Secretary called the roll.)
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 1803, those Senators voting in
25 the negative are Senators Akshar, Amedore,
7146
1 Antonacci, Flanagan, Gallivan, Griffo, Helming,
2 Jacobs, Jordan, Little, O'Mara, Ortt, Ritchie,
3 Robach, Serino, Seward and Tedisco.
4 Ayes, 45. Nays, 17.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 Senator Gianaris, that completes the
8 reading of today's calendar.
9 SENATOR GIANARIS: Can we now take
10 up the reading of Supplemental Calendar 60A,
11 please.
12 ACTING PRESIDENT BENJAMIN: There
13 is a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator Bailey
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 7250B and substitute it for
18 the identical Senate Bill Number 6600, Third
19 Reading Calendar 1738.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1738, Assembly Print Number 7250B, by
25 Assemblymember Fall, an act to amend the
7147
1 General Business Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately on the
6 120th day after it shall have become a law.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN:
11 Senator Bailey to explain his vote.
12 SENATOR BAILEY: Thank you,
13 Mr. President.
14 I would like to thank my colleagues
15 for voting for this important piece of
16 legislation, Calendar 1738.
17 Assemblymember Fall brought this to
18 my attention about trampoline park regulation and
19 how we should do our best to ensure that
20 individuals who are engaging in trampoline park
21 activity are -- we can keep them as safe as
22 possible. And I just wanted to thank
23 Assemblymember Fall for bringing this to my
24 attention, because it wasn't an area that I was
25 that well versed in, but I appreciate that now.
7148
1 I vote aye, Mr. President.
2 ACTING PRESIDENT BENJAMIN:
3 Senator Bailey to be recorded in the affirmative.
4 Senator Hoylman to explain his vote.
5 SENATOR HOYLMAN: I want to commend
6 the sponsor for this bill.
7 I have a very close friend who lost
8 his husband, who was a trained gymnast, in a
9 trampoline park incident, in front of his young
10 children. And it's a tragedy that could have
11 been avoided. This happened in the state of
12 Virginia, but we here in New York need to make
13 sure that attendees to trampoline parks are
14 protected.
15 I vote aye.
16 ACTING PRESIDENT BENJAMIN: Senator
17 Hoylman to be recorded in the affirmative.
18 Announce the results.
19 THE SECRETARY: Ayes, 62.
20 ACTING PRESIDENT BENJAMIN: The
21 bill is passed.
22 There is a substitution at the desk.
23 The Secretary will read.
24 THE SECRETARY: Senator Hoylman
25 moves to discharge, from the Committee on Rules,
7149
1 Assembly Bill Number 6599 and substitute it for
2 the identical Senate Bill 31, Third Reading
3 Calendar 1806.
4 ACTING PRESIDENT BENJAMIN: The
5 substitution is so ordered.
6 The Secretary will read.
7 THE SECRETARY: Calendar Number
8 1806, Assembly Print Number 6599, by
9 Assemblymember Simon, an act to amend the
10 Public Authorities Law and the New York State
11 Urban Development Corporation Act.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1807, Senate Print 311, by Senator Felder, an act
7150
1 to direct the commissioner of education to
2 examine, evaluate and make recommendations on the
3 provision of services by public school guidance
4 counselors.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect immediately.
9 ACTING PRESIDENT BENJAMIN: Call
10 the roll.
11 (The Secretary called the roll.)
12 ACTING PRESIDENT BENJAMIN:
13 Announce the results.
14 THE SECRETARY: Ayes, 62.
15 ACTING PRESIDENT BENJAMIN: The
16 bill is passed.
17 THE SECRETARY: Calendar Number
18 1808, Senate Print 649, by Senator Kennedy, an
19 act to amend the Private Housing Finance Law.
20 ACTING PRESIDENT BENJAMIN: Read
21 the last section.
22 THE SECRETARY: Section 2. This
23 act shall take effect immediately.
24 ACTING PRESIDENT BENJAMIN: Call
25 the roll.
7151
1 (The Secretary called the roll.)
2 ACTING PRESIDENT BENJAMIN:
3 Announce the results.
4 THE SECRETARY: Ayes, 62.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1809, Senate Print 1731, by Senator Jacobs, an
9 act authorizing the Village of Angela and the
10 City of Buffalo to correct a boundary line
11 between certain properties.
12 ACTING PRESIDENT BENJAMIN: There
13 is a home-rule message at the desk.
14 Read the last section.
15 THE SECRETARY: Section 2. This
16 act shall take effect immediately.
17 ACTING PRESIDENT BENJAMIN: Call
18 the roll.
19 (The Secretary called the roll.)
20 ACTING PRESIDENT BENJAMIN:
21 Announce the results.
22 THE SECRETARY: Ayes, 62.
23 ACTING PRESIDENT BENJAMIN: The
24 bill is passed.
25 THE SECRETARY: Calendar Number
7152
1 1810, Senate Print 2547, by Senator Little, an
2 act to amend the Public Authorities Law.
3 ACTING PRESIDENT BENJAMIN: There
4 is a home-rule message at the desk.
5 Read the last section.
6 THE SECRETARY: Section 4. This
7 act shall take effect immediately.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1811, Senate Print 2915A, by Senator Helming, an
18 act to amend the Correction Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 3. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7153
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1812, Senate Print 3122, by Senator Martinez, an
8 act to amend the Criminal Procedure Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: In relation to
19 Calendar Number 1812, those Senators voting in
20 the negative are Senators Montgomery and Krueger.
21 Ayes, 60. Nays, 2.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1813, Senate Print 3772, by Senator Addabbo, an
7154
1 act to amend the Education Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 THE SECRETARY: Calendar Number
15 1814, Senate Print 3948, by Senator Ritchie, an
16 act to amend the Vehicle and Traffic Law.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 3. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7155
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 There is a substitution at the desk.
5 The Secretary will read.
6 THE SECRETARY: Senator Little
7 moves to discharge, from the Committee on Rules,
8 Assembly Bill Number 6588A and substitute it for
9 the identical Senate Bill Number 4160A, Third
10 Reading Calendar 1815.
11 ACTING PRESIDENT BENJAMIN: The
12 substitution is so ordered.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 1815, Assembly Print Number 6588A, by
16 Assemblymember Stec, an act to amend Chapter 491
17 of the Laws of 2018.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 2. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
7156
1 Announce the results.
2 THE SECRETARY: Ayes, 62.
3 ACTING PRESIDENT BENJAMIN: The
4 bill is passed.
5 There is a substitution at the desk.
6 The Secretary will read.
7 THE SECRETARY: Senator Lanza moves
8 to discharge, from the Committee on Rules,
9 Assembly Bill Number 6703A and substitute it for
10 the identical Senate Bill Number 4200A, Third
11 Reading Calendar 1816.
12 ACTING PRESIDENT BENJAMIN: The
13 substitution is so ordered.
14 The Secretary will read.
15 THE SECRETARY: Calendar Number
16 1816, Assembly Print Number 6703A, by
17 Assemblymember Cusick, an act to amend the
18 Navigation Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7157
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1817, Senate Print 4631, by Senator Gaughran, an
8 act to amend the Volunteer Firefighters' Benefit
9 Law and the Volunteer Ambulance Workers' Benefit
10 Law.
11 ACTING PRESIDENT BENJAMIN: Read
12 the last section.
13 THE SECRETARY: Section 3. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN:
19 Announce the results.
20 THE SECRETARY: Ayes, 62.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 THE SECRETARY: Calendar Number
24 1818, Senate Print 4663B, by Senator Carlucci, an
25 act to amend the Education Law.
7158
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 3. This
4 act shall take effect on the 60th day after it
5 shall have become a law.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Parker
17 moves to discharge, from the Committee on Banks,
18 Assembly Bill Number 92A and substitute it for
19 the identical Senate Bill Number 5017A, Third
20 Reading Calendar 1819.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1819, Assembly Print Number 92A, by
7159
1 Assemblymember Perry, an act to amend the
2 Banking Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect on the 90th day after it
7 shall have become a law.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll.
10 (The Secretary called the roll.)
11 ACTING PRESIDENT BENJAMIN:
12 Announce the results.
13 THE SECRETARY: Ayes, 62.
14 ACTING PRESIDENT BENJAMIN: The
15 bill is passed.
16 THE SECRETARY: Calendar Number
17 1820, Senate Print 5221, by Senator Skoufis, an
18 act to amend the Public Health Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7160
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: In relation to
4 Calendar Number 1820, voting in the negative:
5 Senator Salazar.
6 Ayes, 61. Nays, 1.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1821, Senate Print 5245, by Senator Kennedy, an
11 act to amend the General Business Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN: Senator
20 Kennedy to explain his vote.
21 SENATOR KENNEDY: Thank you,
22 Mr. President. I rise today to speak about the
23 critical nature of this bill dealing with privacy
24 for individuals who use the internet.
25 Washington, D.C., unfortunately and
7161
1 sadly, has rolled back privacy on the internet
2 across this nation, and New York State needs to
3 step up and ensure that consumers and the
4 information that is provided on the internet
5 stays that, their information.
6 Unless explicitly given the ability
7 to share that information, internet service
8 providers should not be able to do so. They
9 should not be able to share it, they should not
10 be able to sell it, most importantly. And one's
11 private information should remain private unless
12 otherwise explicitly given permission.
13 And so with this legislation we are
14 closing the loophole that has unfortunately been
15 opened up down in Washington. We're doing the
16 right thing by consumers and taxpayers all across
17 the State of New York, and setting a precedent
18 for the entire nation, who are clamoring for
19 safety and privacy on the internet.
20 With that, Mr. President, I vote
21 aye. Thank you.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Kennedy to be recorded in the affirmative.
24 Announce the results.
25 THE SECRETARY: Ayes, 62.
7162
1 ACTING PRESIDENT BENJAMIN: The
2 bill is passed.
3 THE SECRETARY: Calendar Number
4 1822, Senate Print 5422, by Senator Kennedy, an
5 act to amend the Highway Law.
6 ACTING PRESIDENT BENJAMIN: Read
7 the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN: Senator
14 Kennedy to explain his vote.
15 SENATOR KENNEDY: Yes, thank you,
16 Mr. President.
17 Briefly, I want to thank my
18 colleagues for supporting this. I want to thank
19 our leader, Senator Andrea Stewart-Cousins, for
20 bringing this to the floor.
21 This legislation that we're voting
22 on now is important to many drivers across this
23 entire state where we are closing a loophole that
24 exists and has existed for decades,
25 unfortunately, in the State of New York from
7163
1 May 1st until the middle of November. That is
2 the only time that New York State is liable for
3 problems within our roads, potholes and
4 deficiencies that have been reported to the
5 Department of Motor Vehicles and the Department
6 of Transportation. In effect, the state is
7 liable if those problems in the road cause an
8 accident or an injury to one's personal vehicle.
9 This extends that year round and
10 ensures that especially during the season of the
11 late fall, winter, and early spring, as the road
12 conditions are changing, that New York State
13 continues to be liable, that we're continuing to
14 hold our state accountable, and that people
15 across the state and their property and vehicles
16 are protected from deficiencies that may occur in
17 the road if in fact they are known deficiencies.
18 So I thank my colleagues for their
19 support on this important piece of legislation,
20 and I vote aye.
21 ACTING PRESIDENT BENJAMIN: Senator
22 Kennedy to be recorded in the affirmative.
23 Announce the results.
24 THE SECRETARY: Ayes, 62.
25 ACTING PRESIDENT BENJAMIN: The
7164
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1823, Senate Print 5611, by Senator Little, an
4 act to allow deputy sheriffs Matthew Ashton,
5 Bradley Hamilton, and Joshua Whitney to join the
6 optional 25-year retirement plan.
7 ACTING PRESIDENT BENJAMIN: There
8 is a home-rule message at the desk.
9 Read the last section.
10 THE SECRETARY: Section 3. This
11 act shall take effect immediately.
12 ACTING PRESIDENT BENJAMIN: Call
13 the roll.
14 (The Secretary called the roll.)
15 ACTING PRESIDENT BENJAMIN:
16 Announce the results.
17 THE SECRETARY: Ayes, 62.
18 ACTING PRESIDENT BENJAMIN: The
19 bill is passed.
20 There is a substitution at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Savino
23 moves to discharge, from the Committee on Rules,
24 Assembly Bill Number 2101A and substitute it for
25 the identical Senate Bill 5679A, Third Reading
7165
1 Calendar 1824.
2 ACTING PRESIDENT BENJAMIN: The
3 substitution is so ordered.
4 The Secretary will read.
5 THE SECRETARY: Calendar Number
6 1824, Assembly Print Number 2101A, by
7 Assemblymember Woerner, an act to amend the
8 Labor Law.
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 4. This
12 act shall take effect on the 180th day after it
13 shall have become a law.
14 ACTING PRESIDENT BENJAMIN: Call
15 the roll.
16 (The Secretary called the roll.)
17 ACTING PRESIDENT BENJAMIN:
18 Announce the results.
19 THE SECRETARY: In relation to
20 Calendar 1824, those Senators voting in the
21 negative are Senators Akshar, Amedore, Gallivan,
22 Griffo, Helming, Jacobs, Little, O'Mara, Ortt,
23 Ranzenhofer, Serino, Seward and Tedisco.
24 Ayes, 49. Nays, 13.
25 ACTING PRESIDENT BENJAMIN: The
7166
1 bill is passed.
2 THE SECRETARY: Calendar Number
3 1825, Senate Print 5856, by Senator Little, an
4 act to amend the Environmental Conservation Law.
5 ACTING PRESIDENT BENJAMIN: Read
6 the last section.
7 THE SECRETARY: Section 3. This
8 act shall take effect on the 30th day after it
9 shall have become a law.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 THE SECRETARY: Calendar Number
19 1826, Senate Print 5961, by Senator Savino, an
20 act to amend the General Business Law and the
21 Penal Law.
22 ACTING PRESIDENT BENJAMIN: Read
23 the last section.
24 THE SECRETARY: Section 3. This
25 act shall take effect immediately.
7167
1 ACTING PRESIDENT BENJAMIN: Call
2 the roll.
3 (The Secretary called the roll.)
4 ACTING PRESIDENT BENJAMIN:
5 Announce the results.
6 THE SECRETARY: Ayes, 62.
7 ACTING PRESIDENT BENJAMIN: The
8 bill is passed.
9 THE SECRETARY: Calendar Number
10 1827, Senate Print 6144, by Senator Robach, an
11 act to amend the General Municipal Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 3. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1828, Senate Print 5084, by Senator Salazar, an
7168
1 act to amend the Tax Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator Kennedy
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 7945A and substitute it for
19 the identical Senate Bill 6169A, Third Reading
20 Calendar 1829.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1829, Assembly Print Number 7945A, by
7169
1 Assemblymember Magnarelli, an act to amend the
2 Transportation Law.
3 ACTING PRESIDENT BENJAMIN: Read
4 the last section.
5 THE SECRETARY: Section 2. This
6 act shall take effect immediately.
7 ACTING PRESIDENT BENJAMIN: Call
8 the roll.
9 (The Secretary called the roll.)
10 ACTING PRESIDENT BENJAMIN: Senator
11 Antonacci to explain his vote.
12 SENATOR ANTONACCI: Thank you,
13 Mr. President.
14 First, my apologies to Senator
15 Kennedy. I didn't realize that -- how you could
16 substitute these things, so I guess even on my
17 last day, I hope, in the chamber this session I
18 did learn something about substitution.
19 But I wanted to let you know that I
20 did talk to Senator Kennedy outside the chamber.
21 I think this is a good bill. As the former
22 Onondaga County comptroller, it's nice to see a
23 bill with the word "audit" in it, so it
24 immediately drew my attention.
25 What the single audit -- this will
7170
1 save smaller municipalities a lot of money by not
2 having to do a state single audit. I would
3 encourage the sponsor -- and I would be happy to
4 work with him -- to try to expand this to no
5 requirement of a single audit for State DOT
6 projects. It's not about transparency of what
7 the projects are, it's about internal controls,
8 and the federal single audit does a very good job
9 of doing that.
10 But again, thank you, Senator
11 Kennedy.
12 I vote aye.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Antonacci to be recorded in the affirmative.
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 1829, those Senators voting in
18 the negative are Senators Akshar, Flanagan,
19 Griffo, Jacobs, LaValle, Ortt and Seward.
20 Ayes, 55. Nays, 7.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 There is a substitution at the desk.
24 The Secretary will read.
25 THE SECRETARY: Senator Brooks
7171
1 moves to discharge, from the Committee on Rules,
2 Assembly Bill Number 7234 and substitute it for
3 the identical Senate Bill Number 6260, Third
4 Reading Calendar 1831.
5 ACTING PRESIDENT BENJAMIN: The
6 substitution is so ordered.
7 The Secretary will read.
8 THE SECRETARY: Calendar Number
9 1831, Assembly Print Number 7234, by
10 Assemblymember Thiele, an act to amend the
11 County Law.
12 ACTING PRESIDENT BENJAMIN: Read
13 the last section.
14 THE SECRETARY: Section 2. This
15 act shall take effect immediately.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is passed.
24 THE SECRETARY: Calendar Number
25 1832, Senate Print 6346, by Senator Sepúlveda,
7172
1 Concurrent Resolution of the Senate and Assembly
2 proposing an amendment to Section 15 of
3 Article VI of the Constitution relating to the
4 New York City Civil Court.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll on the resolution.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 resolution is adopted.
13 There is a substitution at the desk.
14 The Secretary will read.
15 THE SECRETARY: Senator LaValle
16 moves to discharge, from the Committee on Rules,
17 Assembly Bill Number 8135 and substitute it for
18 the identical Senate Bill 6357, Third Reading
19 Calendar 1833.
20 ACTING PRESIDENT BENJAMIN: The
21 substitution is so ordered.
22 The Secretary will read.
23 THE SECRETARY: Calendar Number
24 1833, Assembly Print Number 8135, by
25 Assemblymember Englebright, an act to amend the
7173
1 Environmental Conservation Law.
2 ACTING PRESIDENT BENJAMIN: Read
3 the last section.
4 THE SECRETARY: Section 2. This
5 act shall take effect immediately.
6 ACTING PRESIDENT BENJAMIN: Call
7 the roll.
8 (The Secretary called the roll.)
9 ACTING PRESIDENT BENJAMIN:
10 Announce the results.
11 THE SECRETARY: Ayes, 62.
12 ACTING PRESIDENT BENJAMIN: The
13 bill is passed.
14 There is a substitution at the desk.
15 The Secretary will read.
16 THE SECRETARY: Senator O'Mara
17 moves to discharge, from the Committee on Rules,
18 Assembly Bill Number 8235 and substitute it for
19 the identical Senate Bill 6441, Third Reading
20 Calendar 1834.
21 ACTING PRESIDENT BENJAMIN: The
22 substitution is so ordered.
23 The Secretary will read.
24 THE SECRETARY: Calendar Number
25 1834, Assembly Print Number 8235, by
7174
1 Assemblymember Lifton, an act in relation to
2 authorizing the Town of Ithaca, County of
3 Tompkins, to alienate and convey certain parcels
4 of land used as parklands.
5 ACTING PRESIDENT BENJAMIN: There
6 is a home-rule message at the desk.
7 Read the last section.
8 THE SECRETARY: Section 2. This
9 act shall take effect immediately.
10 ACTING PRESIDENT BENJAMIN: Call
11 the roll.
12 (The Secretary called the roll.)
13 ACTING PRESIDENT BENJAMIN:
14 Announce the results.
15 THE SECRETARY: Ayes, 62.
16 ACTING PRESIDENT BENJAMIN: The
17 bill is passed.
18 There is a substitution at the desk.
19 The Secretary will read.
20 THE SECRETARY: Senator Kaplan
21 moves to discharge, from the Committee on Rules,
22 Assembly Bill Number 5137A and substitute it for
23 the identical Senate Bill 6452, Third Reading
24 Calendar 1835.
25 ACTING PRESIDENT BENJAMIN: The
7175
1 substitution is so ordered.
2 The Secretary will read.
3 THE SECRETARY: Calendar Number
4 1835, Assembly Print Number 5137A, by
5 Assemblymember Galef, an act to amend the
6 Real Property Tax Law.
7 ACTING PRESIDENT BENJAMIN: Read
8 the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: Ayes, 62.
17 ACTING PRESIDENT BENJAMIN: The
18 bill is passed.
19 There is a substitution at the desk.
20 The Secretary will read.
21 THE SECRETARY: Senator Parker
22 moves to discharge, from the Committee on Rules,
23 Assembly Bill Number 7372 and substitute it for
24 the identical Senate Bill 6466, Third Reading
25 Calendar 1836.
7176
1 ACTING PRESIDENT BENJAMIN: The
2 substitution is so ordered.
3 The Secretary will read.
4 THE SECRETARY: Calendar Number
5 1836, Assembly Print Number 7372, by
6 Assemblymember Paulin, an act to amend the
7 Public Service Law.
8 SENATOR GIANARIS: Lay it aside for
9 the day.
10 ACTING PRESIDENT BENJAMIN: Lay it
11 aside for the day.
12 There is a substitution at the desk.
13 The Secretary will read.
14 THE SECRETARY: Senator Gounardes
15 moves to discharge, from the Committee on Rules,
16 Assembly Bill Number 8282 and substitute it for
17 the identical Senate Bill 6474, Third Reading
18 Calendar 1837.
19 ACTING PRESIDENT BENJAMIN: The
20 substitution is so ordered.
21 The Secretary will read.
22 THE SECRETARY: Calendar Number
23 1837, Assembly Print Number 8282, by
24 Assemblymember Abbate, an act to amend the
25 Military Law.
7177
1 ACTING PRESIDENT BENJAMIN: Read
2 the last section.
3 THE SECRETARY: Section 2. This
4 act shall take effect immediately.
5 ACTING PRESIDENT BENJAMIN: Call
6 the roll.
7 (The Secretary called the roll.)
8 ACTING PRESIDENT BENJAMIN:
9 Announce the results.
10 THE SECRETARY: Ayes, 62.
11 ACTING PRESIDENT BENJAMIN: The
12 bill is passed.
13 THE SECRETARY: Calendar Number
14 1838, Senate Print 6507, by Senator Funke, an act
15 to amend the Criminal Procedure Law.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect immediately.
20 ACTING PRESIDENT BENJAMIN: Call
21 the roll.
22 (The Secretary called the roll.)
23 ACTING PRESIDENT BENJAMIN:
24 Announce the results.
25 THE SECRETARY: In relation to
7178
1 Calendar Number 1838, those Senators voting in
2 the negative are Senators Krueger and Montgomery.
3 Ayes, 60. Nays, 2.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 THE SECRETARY: Calendar Number
7 1839, Senate Print 6579A, by Senator Bailey, an
8 act to amend the Penal Law and the Criminal
9 Procedure Law.
10 ACTING PRESIDENT BENJAMIN: Read
11 the last section.
12 THE SECRETARY: Section 9. This
13 act shall take effect on the 30th day after it
14 shall have become a law.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Is
19 there anyone who wants to speak on the
20 resolution? On the bill, I'm sorry.
21 Seeing and hearing none, Senator
22 Jamaal Bailey to close.
23 SENATOR BAILEY: Thank you,
24 Mr. President. Grand opening, grand closing.
25 (Laughter.)
7179
1 SENATOR BAILEY: Mr. President,
2 today is a step in the right direction in ending
3 what's been called the "War on Drugs." But where
4 I'm from, it's just a war on black and brown
5 folks.
6 I want to thank Leader Andrea
7 Stewart-Cousins for entrusting me to be the chair
8 of the Codes Committee in the State Senate. It's
9 been a very interesting and very trying time, but
10 it's something that I got elected for, to try to
11 help, with my great colleagues in this chamber on
12 both sides of the aisle, shape the face of
13 criminal justice reform in the State of New York.
14 And I'm eternally grateful for her allowing me to
15 do that.
16 Senator Liz Krueger, thank you for
17 your work on the MRTA -- but not just the MRTA,
18 on working on expungement proceedings long before
19 I thought about being a State Senator. Thank
20 you.
21 Senator Velmanette Montgomery, it
22 goes without saying your leadership and abilities
23 to put young legislators of color on your
24 shoulders -- we stand on your shoulders,
25 Velmanette. Thank you.
7180
1 To Majority Leader Peoples-Stokes, a
2 true champion in understanding that these issues
3 and concerns happen way beyond the Bronx, they
4 happen in Buffalo too -- I thank her for her
5 work.
6 I thank Speaker Heastie for trusting
7 a kid from his district 15 years ago to become
8 his intern. And I've been able to do some okay
9 things in my career, so thanks, Carl.
10 To the staff -- Chris Alexander,
11 Dorothy Powell, Nadia Gareeb, thank you for all
12 of your hard work. And Chris, when you were
13 lobbying me on a sealing bill, and we thought
14 that sealing was all that we can get -- I'm
15 extremely grateful that we are able to put the
16 word "expungement" in state statute where it
17 doesn't exist today.
18 But I want to be very clear about
19 what I'm saying today. This isn't a victory lap.
20 It's far from over. I was a proponent of the
21 legalization of adult-use cannabis. I remain a
22 proponent of such. I believe that will be the
23 only way that we can finally stem the tide or
24 begin to restore the damage that has been done
25 for years and years and years of unequal
7181
1 enforcement about marijuana arrests,
2 Mr. President.
3 This "War on Drugs," as I referenced
4 earlier, ravaged communities like mine in the
5 Bronx. Eighty percent of the people statewide
6 who are arrested for marijuana possession happen
7 to be black and Latino. And I say "happen" with
8 a tinge of sarcasm, Mr. President. Unequal
9 enforcement.
10 If you look at where this comes
11 from -- stop and frisk, which forced people to
12 open their pockets and kind of criminalize
13 themselves when you got to see marijuana falling
14 out of their pockets, and that became a criminal
15 record. And that starts down a path of unequal
16 access, sustaining a record where you're unable
17 to apply for housing, public housing, for three
18 years sometimes. You're unable to be able to
19 access certain student loans. You have a
20 criminal record, which is unfairly looked upon in
21 many instances when it comes to seeking
22 employment.
23 All for a plant. A plant that I've,
24 Mr. President, on a personal level, never
25 consumed and have no desire to consume. But this
7182
1 isn't about me. When we legislate, we legislate
2 for the greater good. And this is the greater
3 good.
4 I think about the rates of
5 consumption of marijuana being the same statewide
6 between different races of black, white, Latino,
7 Asian. But if you talk about enforcement, it's
8 wholly unequal, Mr. President.
9 I'm going to draw your attention to
10 arrests on the Upper West Side for marijuana
11 possession. The population of blacks and Latinos
12 that reside on the Upper West Side is 12 percent,
13 yet it accounts for 80 percent of the arrests.
14 That's disproportionate. That is the "War on
15 Drugs," the failed "War on Drugs" in action. In
16 action and also inaction, because it didn't do a
17 damn thing for communities like mine.
18 I think about individuals that I've
19 grown up with who found themselves -- I guess you
20 can say on the wrong side, in theory, of the law,
21 Mr. President. And their lives have been
22 destroyed for marijuana possession that has been
23 effectively legal in certain areas of our city
24 and our state. Twelve percent to 80 percent.
25 That's a problem.
7183
1 And again, I'm not saying that this
2 is the be-all-end-all. I'm not saying that we
3 can't go further or farther. I certainly hope
4 that we do. As a legislator, I've got a lot more
5 work to do, Mr. President, and I'm not -- I
6 haven't hit my peak yet. I have a lot more
7 growing to do. We as a conference, despite the
8 monumental gains that we have made, we have a lot
9 more growing to do. Despite being the greatest
10 conference in the history of the State Senate, we
11 can do even more, Mr. President. We can do more.
12 And I will continue to work
13 alongside Senators Krueger and Savino,
14 Assemblymember Peoples-Stokes -- Majority Leader
15 Peoples-Stokes, Majority Leader Andrea
16 Stewart-Cousins to finally, again, as I say, stem
17 that tide. So we can allow communities to one
18 day be economically equal for the unequal
19 enforcement that we have received.
20 I will end with this. We come to
21 this chamber to do work for individuals that we
22 may never meet. I think that's really the true
23 test of leadership, Mr. President, when you can
24 do something that will affect the lives of
25 individuals that you will never meet.
7184
1 And we talked about it in the
2 members' lounge earlier, meeting constituents in
3 supermarkets and toy stores and Target and things
4 of that nature, and the conversations that we
5 have with them.
6 But it's not about the people that
7 we meet, Mr. President, it's about laws that we
8 enact that will help future generations that we
9 never, ever, ever get to shake hands with.
10 That's what we do in this house. That's why this
11 job is so vitally important. That's why I ran
12 for office.
13 I'm grateful today that the word
14 "expungement" will appear in a state statute.
15 That it's not just forward-looking, it's
16 retroactive. That people have a fighting chance
17 to be able to restore their lives to some
18 semblance of normalcy, whatever normalcy may be.
19 So, Mr. President, I appreciate the
20 opportunity to speak about this legislation. I
21 thank my colleagues for their support on this
22 legislation. But we all have more work to do.
23 But I think that the journey of a thousand miles
24 begins with yet a single step, but we've taken a
25 leap today. We're leaping over negativity, we're
7185
1 leaping over people who have been decimated in
2 their communities, and I think that we are
3 finally -- we're finally making a change. Making
4 a change is what I'm here to do, Mr. President.
5 I vote in the affirmative.
6 ACTING PRESIDENT BENJAMIN:
7 Senator Bailey to be recorded in the affirmative.
8 Senator Krueger to explain her vote.
9 SENATOR KRUEGER: Thank you,
10 Mr. President.
11 So it's not a secret that I'm
12 disappointed we're not doing the full Marijuana
13 Regulation and Taxation Act. But I am so proud
14 to watch my colleague Senator Bailey stand up to
15 ensure that we are passing a portion of it, the
16 decriminalization and expungement.
17 The fact is I got involved with the
18 efforts to legalize marijuana five years ago not
19 because of my interest in using the drug or even
20 wanting to encourage others to use the drug, but
21 simply because when I looked at the data on who
22 was being caught up in the criminal justice
23 system for low-level use of marijuana on personal
24 use, what I saw, Mr. President, was it was
25 disproportionately, radically disproportionately
7186
1 in communities of color that young people were
2 being swept into the criminal justice system,
3 when I knew the facts were that young white
4 people were using at almost identical levels --
5 in fact, probably slightly higher levels, but
6 they weren't being arrested, they weren't facing
7 the loss of ability to get certain kinds of jobs,
8 live in certain kinds of homes, go to colleges,
9 get financial aid, be rejected from civil service
10 jobs because they had on their record that they
11 had been caught with two joints in their pocket.
12 And I knew it was one of the
13 fundamental problems we were facing in racial
14 injustice in our society.
15 And so we just dipped our toe in
16 what we can be doing today. I appreciate
17 Senator Bailey saying this is the beginning, not
18 an end. But I believe it will help us understand
19 how we can take the next steps towards a full
20 marijuana legalization and taxation program. I
21 think before we leave today we may pass other
22 sections of my bill as freestanding bills.
23 And you know what? The public is
24 ahead of us, Mr. President. They want all of
25 this to happen.
7187
1 I proudly vote yes. Thank you.
2 ACTING PRESIDENT BENJAMIN:
3 Senator Krueger to be recorded in the
4 affirmative.
5 Senator Jackson to explain his vote.
6 SENATOR JACKSON: Thank you,
7 Mr. President and my colleagues. I rise to
8 briefly explain my support for this bill.
9 On average, more than 60 people are
10 arrested every day for marijuana possession in
11 New York State. In 2016, 86 percent of those
12 arrested for low-level marijuana possession in
13 New York City were black or Latinx, similar to
14 the rates under Mayor Giuliani and Bloomberg.
15 This is clearly an issue of racial justice.
16 I know this bill does not do as much
17 as many of us hoped to accomplish on this
18 legalization front, but I'm proud to support
19 decriminalization and the expungement of criminal
20 records as a first step.
21 I want to thank all of the
22 legislators who worked hard on the issue of
23 legalizing cannabis this session, especially
24 Senator Krueger, Senator Jamaal Bailey, and
25 Assemblymember Peoples-Stokes. And I want to
7188
1 thank the advocates from statewide coalitions
2 like SMART NY, as well as the groups in my
3 district like JFred {ph} and Community Board 9.
4 And we will get there in 2020, we
5 hope, and I look forward to continuing the fight
6 together. For now, I'm proud to say that I
7 support this legislation, and I thank all of the
8 staff and their involvement in bringing us to
9 where we are today.
10 Mr. President, I vote aye.
11 ACTING PRESIDENT BENJAMIN: Senator
12 Jackson to be recorded in the affirmative.
13 Senator Salazar to explain her vote.
14 SENATOR SALAZAR: Thank you,
15 Mr. President.
16 First I want to thank Senator Bailey
17 for introducing this legislation and for his work
18 on this issue, also to Senator Krueger for
19 relentlessly seeking to pass legalization.
20 I'm supportive of this bill and also
21 express my disappointment that at this time we're
22 not able to legalize adult-use cannabis. It's my
23 hope that we'll be able to sometime in the
24 future.
25 The report that the DOH issued that
7189
1 was commissioned by the Governor last year
2 demonstrated what we already know, that
3 criminalization of marijuana does not even
4 achieve its supposed goals. Additionally, that
5 the enforcement of criminalization of marijuana
6 disproportionately harms communities of color and
7 the communities that I represent.
8 So while I am proud to be voting in
9 the affirmative for this bill, it's my hope that
10 we will go beyond these measures of
11 decriminalization and will in the future legalize
12 adult-use cannabis. Thank you.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Salazar to be recorded in the affirmative.
15 Just want to let everyone know we
16 are going to be strictly enforcing the two-minute
17 rule.
18 Senator Montgomery to explain her
19 vote.
20 SENATOR MONTGOMERY: Thank you,
21 Mr. President.
22 I rise to say -- to have a special
23 thank you to Senator Bailey. I know that you
24 thanked me. But Senator Bailey, on behalf of the
25 thousands and thousands of young people who,
7190
1 based on the fact that you have created a
2 retroactive expungement, that they will be able
3 to benefit enormously from this legislation.
4 Because they have lost so much based on the drug
5 laws related to marijuana.
6 And I also want to say to you that
7 this is a very long time coming, that we needed
8 this even though it's half of what we would like
9 to see done, because half of what we would like
10 to see as legalization, but certainly
11 decriminalization is extremely important.
12 And so I am very, very supportive of
13 this. I'm happy that you stuck with it and
14 continued the struggle around the issue of
15 marijuana and what we should do about it. And
16 today we are accomplishing a huge aspect of
17 solving the problem of crime or decriminalization
18 of possession of marijuana.
19 So Mr. President, I vote aye.
20 ACTING PRESIDENT BENJAMIN:
21 Senator Montgomery to be recorded in the
22 affirmative.
23 Senator May to explain her vote.
24 SENATOR MAY: Thank you,
25 Mr. President.
7191
1 People who look like me -- or, well,
2 younger than me, mostly --
3 (Laughter.)
4 SENATOR MAY: -- use marijuana all
5 the time with no adverse legal consequences. It
6 is way past time that we stopped using our legal
7 system as a proxy for locking up young men of
8 color.
9 And I applaud Senator Bailey for
10 putting the justice back in our criminal justice
11 system and being such a strong advocate for this
12 cause.
13 I vote aye.
14 ACTING PRESIDENT BENJAMIN: Senator
15 May to be recorded in the affirmative.
16 Senator Savino to explain her vote.
17 SENATOR SAVINO: Thank you,
18 Mr. President.
19 I really want to thank
20 Senator Bailey for the passage of this bill. And
21 I want to particularly thank Senator Krueger for
22 working alongside us diligently to try and bring
23 a full, complete passage of legalization of
24 adult-use marijuana, a hemp program, and the
25 expansion of medical.
7192
1 We're not quite there, but I want
2 people to think about this. Today, June 20th of
3 2019, is the fifth anniversary of the date that
4 this body, joining the Assembly, passed the
5 medical marijuana statute, the Compassionate Care
6 Act. For five years we've had legal marijuana
7 for certain groups of people in our state because
8 we recognized, and rightfully so, that marijuana
9 has true value -- unlike the federal government,
10 that says that there's no value. We knew it
11 because we understand how important it was for
12 patients. It provides treatment alternatives.
13 And over the five years, we have
14 added to that program. Some of those additions
15 were done by people who voted against the bill
16 originally because they see the value of
17 marijuana.
18 So here we have the schizophrenic
19 approach. It's illegal if you want to use it for
20 adult purposes, but we accept it if you want to
21 use it for medicinal purposes. It's the most
22 bizarre example of cognitive dissonance that I've
23 ever seen when it comes to drug policy.
24 Thirty-three states plus the
25 District of Columbia have legal marijuana in one
7193
1 way, shape or form. Eleven states, and counting,
2 have adult use. We will get there. And part of
3 this process is recognizing that we should not be
4 criminalizing people for the use of it.
5 I don't smoke marijuana. I have in
6 the past -- don't anymore, but when I was young.
7 I know a lot of people that do. And quite
8 honestly, none of them look like Jamaal Bailey or
9 Brian Benjamin. They all look like me and
10 Tim Kennedy. And unfortunately --
11 (Laughter.)
12 SENATOR SAVINO: -- unfortunately
13 people who look like me and Tim Kennedy get
14 treated very differently than people who look
15 like Jamaal Bailey. That's what we're doing
16 today.
17 So this is one step on the path. We
18 will get there. It's the right thing to do. I
19 vote aye.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Savino to be recorded in the affirmative.
22 Senator Myrie to explain his vote.
23 SENATOR MYRIE: Thank you,
24 Mr. President.
25 Today we are not legalizing. I do
7194
1 believe that we will get there one day. I
2 believe that this is, in fact, the first step.
3 But I wanted to rise to thank the
4 sponsor, Senator Bailey, for his work on this.
5 Also to the other Senators who have been
6 tirelessly working on this as well.
7 I just want to say that any lover of
8 law and order should love decriminalization.
9 This is a law that has been disproportionately
10 enforced. People who are committing the same
11 exact act are being prosecuted at completely
12 different levels. So if you love law and order,
13 you should be about applying the law in an equal
14 way. Today we are saying that if you are a
15 person of color, if you are a young person, that
16 you will not be treated differently because you
17 are young and because you are black.
18 This means so much to the
19 communities that we represent. There will be
20 thousands of people that will be affected by this
21 law as soon as it is enforced. And so I really
22 stand proudly voting today in the affirmative for
23 what I believe to be a truly historic piece of
24 legislation.
25 Thank you.
7195
1 ACTING PRESIDENT BENJAMIN: Senator
2 Myrie to be recorded in the affirmative.
3 Senator Sepúlveda to explain his
4 vote.
5 SENATOR SEPÚLVEDA: Thank you,
6 Mr. President, for allowing me to explain my
7 vote.
8 Firstly, I want to thank Senator
9 Jamaal Bailey, who not only with this bill but
10 who has worked so diligently to change the
11 criminal justice system in the state, and he
12 deserves a lot of the credit for that. So thank
13 you, Senator Bailey, for a great job.
14 Now, I -- you know, this -- this
15 history, this story about decriminalization
16 reminds me of when I was a college student on
17 Long Island. And when I would go into the dorms,
18 the most consumption I ever saw of marijuana was
19 at these college dorms. Everyone at that time at
20 Hofstra University was getting high. But the
21 kids there looked like Diane Savino. They were a
22 lot better looking than Senator Kennedy --
23 (Laughter.)
24 SENATOR SEPÚLVEDA: -- but they
25 resembled him. Some of them looked like Senator
7196
1 Flanagan. But they were kids that do not
2 resemble the communities that I live in.
3 So I would see these kids consuming
4 marijuana at such a high rate, but in a raid,
5 none of them would get arrested. They were
6 shielded in their college dorms. These are
7 middle class and wealthy kids.
8 But yet when I go to my community, I
9 see the same kids, around the same age, that look
10 more like me and look more like Senator Jamaal
11 Bailey, getting arrested, going through the
12 criminal justice system, getting a scarlet
13 letter. They couldn't get jobs and they couldn't
14 get scholarships to attend the same university
15 that I was attending where these wealthy kids,
16 these middle-class kids, could go and have their
17 parents pay for college. But these kids who
18 needed scholarships couldn't get scholarships
19 because of a potential marijuana conviction.
20 So today we say no more of that.
21 Today we bring justice to communities of color.
22 And today I proudly vote in the affirmative.
23 Thank you.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Sepúlveda to be recorded in the affirmative.
7197
1 Senator Kennedy to explain his vote.
2 SENATOR KENNEDY: Thank you,
3 Mr. President.
4 First of all, let me start by
5 thanking this bill's sponsor, Senator Bailey, for
6 his diligence, his focus, and his command of the
7 issue. He has been driving this initiative
8 forward for far too long. And today, finally,
9 we're seeing justice done.
10 I just want to mention a couple of
11 things. Number one, I'm looking forward to
12 getting back to Staten Island very soon to see my
13 friend Diane Savino and all the beautiful people
14 on Staten Island. And I'm going to be in the
15 Bronx with my son next week, down in the city,
16 celebrating. Beautiful people in the Bronx.
17 No matter what we look like, I just
18 want to go on record here in this chamber, you're
19 all beautiful to me. All right?
20 (Laughter.)
21 SENATOR KENNEDY: Democrat and
22 Republican, ladies and gentlemen.
23 But unfortunately the law,
24 Mr. President, has not been fair regardless of
25 what people look like. It has been -- there's
7198
1 been many disparities in the law. The laws of
2 this land, not just in New York State as they
3 exist today, but in our country, in the greatest
4 country in the history of the world, are wrong.
5 The laws of the land as it pertains
6 to cannabis and marijuana that are far too old
7 and archaic are in need of change. They are
8 based in racist issues of the past. The
9 criminalization of marijuana, the fact that at
10 the federal level, it being on the highest level
11 of the scale of being illegal, it's just wrong.
12 New York State needs to do the right
13 thing. And too many individuals have been hurt
14 by the laws of the United States and the Laws of
15 the State of New York. This bill today, giving
16 individuals justice once and for all, it's about
17 time.
18 With that, Mr. President, I vote
19 aye. And I thank again the bill's sponsor,
20 Senator Bailey, for his efforts in making this
21 happen.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Kennedy to be recorded in the affirmative.
24 Senator Lanza to explain his vote.
25 SENATOR LANZA: Thank you,
7199
1 Mr. President.
2 I thought the sponsor was going to
3 be the only speaker, but there have been a lot of
4 speakers.
5 So, you know, I have two beliefs
6 concerning this issue that are actually exclusive
7 of each other, it's that difficult. On the one
8 hand, I don't think we ought to be promoting the
9 use of marijuana throughout the state. I think
10 that's a bad policy. On the other hand, I don't
11 think anybody should go to jail for smoking pot.
12 And that's what makes this very difficult.
13 And the fact that there is unequal
14 enforcement of the law on the books now is wrong.
15 That is an injustice. But if that were the only
16 problem, then the solution would be to arrest
17 more white people. And that's not, I think,
18 what's happening here. I've heard a lot of talk,
19 but nobody's talking about whether or not this is
20 good for you or bad for you.
21 A couple of months ago I raised some
22 questions. I haven't had those answers. You
23 know, the first bill, recreational marijuana,
24 that Senator Krueger carries, I think is better
25 than this, because it says we're going to make it
7200
1 legal for adults 21 and older.
2 This one, decriminalization,
3 legalizing -- semantics. Here's what this says.
4 Two ounces -- that's about 180 marijuana
5 cigarettes -- that's legal now. There's a fine,
6 $200, which is about a buck a cigarette. It's
7 like a tax. So we're taxing it.
8 The difference between this law and
9 Senator Krueger's law is that a 13-year-old can
10 walk around with 180 marijuana cigarettes, a
11 14-year-old can walk around with 180 marijuana
12 cigarettes, a 15-year-old, a 16-year-old, a
13 17-year-old. And I don't think that's good for
14 us.
15 And the question I had was if more
16 people start smoking pot, especially 13, 14 --
17 studies say young children who smoke marijuana,
18 they do worse in school. It affects their IQ.
19 All the things we do to foster education in the
20 state, that's not what we want. I don't want my
21 children doing this. I don't want your children
22 doing this. Right now the state is saying it's
23 okay, do it.
24 ACTING PRESIDENT BENJAMIN: Senator
25 Lanza --
7201
1 SENATOR LANZA: -- it's just a tax.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Lanza, how do you vote?
4 SENATOR LANZA: Cancer. Road
5 safety.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Lanza.
8 SENATOR LANZA: You know, there was
9 latitude -- there weren't going to be speakers,
10 we said we'd lay the bill aside --
11 ACTING PRESIDENT BENJAMIN: But we
12 said two minutes. I said I will be strictly
13 enforcing that.
14 SENATOR LANZA: Well, the two
15 minutes came in halfway through.
16 ACTING PRESIDENT BENJAMIN: No, it
17 did not, Senator Lanza.
18 SENATOR LANZA: And if you want to
19 start laying bills aside, we could do that.
20 ACTING PRESIDENT BENJAMIN: You
21 didn't do that.
22 Senator Lanza, how do you vote?
23 Please. I said specifically we were going to
24 enforce the two-minute rule.
25 SENATOR LANZA: They say no
7202
1 cigarettes, no vaping, kids smoking --
2 ACTING PRESIDENT BENJAMIN: Senator
3 Lanza.
4 SENATOR LANZA: This is going to
5 hurt people. This is going to hurt people.
6 ACTING PRESIDENT BENJAMIN: Senator
7 Gianaris. Senator Gianaris.
8 SENATOR GIANARIS: Mr. President,
9 we were enforcing the two-minute rule throughout
10 this whole week. We did it on our own members
11 yesterday. Let's all abide by the same rules.
12 Thank you.
13 ACTING PRESIDENT BENJAMIN: Senator
14 Lanza to be recorded in the negative.
15 Senator Flanagan to explain his
16 vote.
17 SENATOR FLANAGAN: Thank you,
18 Mr. President.
19 You know, this is the type of issue,
20 again, everybody takes this incredibly seriously.
21 Senator Bailey, in spite of the fact that he's
22 still relatively new here, he's got a lot of
23 experience and I respect his opinion and his
24 judgment, and the same for some of our veteran
25 colleagues, especially Senator Savino and
7203
1 Senator Krueger and Senator Montgomery.
2 I concur with Senator Lanza. And
3 I'll try and be as concise as possible. I think
4 he raises legitimate issues of public policy, of
5 health policy, of criminal procedure, criminal
6 law, how we govern as a society. And I think of
7 this as a parent as well. He's right.
8 Unfortunately in this case he is right.
9 I took a quick study right before I
10 started here. Basically, one ounce is the
11 equivalent of about 80 to 90 joints. That's not
12 casual use. And if it's up to two ounces and
13 you're only going to get a fine, we're setting
14 what we believe to be a bad precedent.
15 I agree with the Senator that an
16 unequal application of the law is an injustice
17 and that needs to be dealt with.
18 And the other part is looking at the
19 sponsor's memo. If I'm off, I'm off only because
20 I'm going based on what was in the sponsor's
21 memo, suggesting that there are potentially
22 600,000 people -- and that's right in the memo --
23 that could be looking for vacating of their
24 record and expungement of those records.
25 There are a lot of reasons why
7204
1 people have those type of records. We, I think
2 in our conference, while we absolutely take these
3 issues incredibly seriously, we think that's too
4 draconian shift in public policy, to vacate and
5 expunge all of those records.
6 I wish there had been more
7 deliberation, because a lot of this wasn't
8 discussed. There's a lot of talk about hemp and
9 medical marijuana and recreational use for people
10 who are 21 and over. I have grave concerns as an
11 elected official that doing this is not
12 productive for the State of New York and the
13 people that we represent.
14 I think I can say I speak fairly on
15 behalf of the members of our conference, and as a
16 result of that I will join Senator Lanza and my
17 colleagues in voting no.
18 Thank you, Mr. President.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Flanagan to be recorded in the negative.
21 Announce the results.
22 THE SECRETARY: In relation to
23 Calendar Number 1839, those Senators voting in
24 the negative are Senators Akshar, Amedore,
25 Antonacci, Boyle, Felder, Flanagan, Funke,
7205
1 Gallivan, Griffo, Helming, Jacobs, Jordan, Lanza,
2 LaValle, Little, O'Mara, Ortt, Ranzenhofer,
3 Ritchie, Robach, Serino, Seward and Tedisco.
4 Ayes, 39. Nays, 23.
5 ACTING PRESIDENT BENJAMIN: The
6 bill is passed.
7 THE SECRETARY: Calendar Number
8 1840, Senate Print 6585A, by Senator Martinez, an
9 act in relation to permitting Patchogue Fire
10 district to file an application for a retroactive
11 real property tax exemption.
12 SENATOR GIANARIS: Lay it aside
13 temporarily.
14 ACTING PRESIDENT BENJAMIN: Lay it
15 bill aside temporarily.
16 THE SECRETARY: Calendar Number
17 1843, Senate Print 6391, by Senator Salazar, an
18 act to repeal Section 206-b of the Labor Law.
19 ACTING PRESIDENT BENJAMIN: Read
20 the last section.
21 THE SECRETARY: Section 2. This
22 act shall take effect immediately.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7206
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 Senator Gianaris, that completes the
7 reading of today's supplemental calendar.
8 SENATOR GIANARIS: Can we now
9 return, Mr. President, to the controversial
10 calendar off the supplemental active list.
11 ACTING PRESIDENT BENJAMIN: The
12 Secretary will ring the bell.
13 The Secretary will read.
14 THE SECRETARY: Calendar Number
15 983, Assembly Print Number 7752, substituted
16 earlier by Assemblymember Dinowitz, an act to
17 amend the Penal Law.
18 ACTING PRESIDENT BENJAMIN: Senator
19 Ortt.
20 SENATOR ORTT: Yes, through you,
21 Mr. President, would the sponsor yield to just a
22 couple of questions?
23 ACTING PRESIDENT BENJAMIN: Does
24 the sponsor yield?
25 SENATOR KAVANAGH: Yes,
7207
1 Mr. President.
2 ACTING PRESIDENT BENJAMIN: The
3 sponsor yields.
4 SENATOR ORTT: Thank you. Through
5 you, Mr. President, can the sponsor explain the
6 point of this bill or the rationale for this
7 legislation?
8 SENATOR KAVANAGH: Yes, through
9 you, Mr. President. This is a bill that makes it
10 clear that in New York State if you have a permit
11 to possess a handgun on particular premises, that
12 is limited to premises -- typically, those
13 premises would either be a place of business or a
14 residence -- that in that circumstance, one is
15 still permitted, notwithstanding the premises
16 limitation of that permit, to transport that
17 handgun to any other place where one may legally
18 possess that handgun.
19 SENATOR ORTT: Through you,
20 Mr. President, would the sponsor continue to
21 yield?
22 ACTING PRESIDENT BENJAMIN: Does
23 the sponsor yield?
24 SENATOR KAVANAGH: Yes,
25 Mr. President.
7208
1 ACTING PRESIDENT BENJAMIN: The
2 sponsor yields.
3 SENATOR ORTT: Through you,
4 Mr. President, does this run counter to or change
5 current law in the City of New York?
6 SENATOR KAVANAGH: Mr. President,
7 this bill is a -- sets a statewide standard and
8 it does preempt local laws and -- to the extent
9 they're inconsistent with this law.
10 SENATOR ORTT: Through you,
11 Mr. President, would the sponsor continue to
12 yield?
13 ACTING PRESIDENT BENJAMIN: Does
14 the sponsor yield?
15 SENATOR KAVANAGH: Yes,
16 Mr. President.
17 SENATOR ORTT: Through you,
18 Mr. President, is there a law -- is there such a
19 law in New York City now that would be preempted
20 by this law?
21 SENATOR KAVANAGH: Mr. President,
22 I'm aware of a regulation of -- in the City of
23 New York.
24 In the City of New York and in
25 Nassau County, the police commissioner is the
7209
1 issuing authority for permits. And I am aware of
2 a regulation in New York that strictly limits the
3 ability of New York City residents who possess a
4 permit for a particular -- a premise permit for
5 guns that severely limits their ability to
6 transport their guns.
7 This bill would supersede that and
8 would broaden the rights of New York City gun
9 owners with a premises permit, along with any
10 other residents of New York who have a premises
11 permit anywhere in the state.
12 SENATOR ORTT: Through you,
13 Mr. President, would the sponsor continue to
14 yield?
15 ACTING PRESIDENT BENJAMIN: Does
16 the sponsor yield?
17 SENATOR KAVANAGH: Yes,
18 Mr. President.
19 ACTING PRESIDENT BENJAMIN: The
20 sponsor yields.
21 SENATOR ORTT: Through you,
22 Mr. President, I'm just trying to get, once
23 again, to sort of -- so I get what the bill does,
24 and I appreciate the sponsor's answers. But
25 based on what he just said, so this would preempt
7210
1 a New York City regulation.
2 Very often we kind of go back and
3 forth in this chamber about whether we should be,
4 you know, allowing localities, certainly one that
5 has several millions of people, like New York
6 City, to set their own regulation.
7 So we're preempting it. Is there a
8 reason why we're doing that today?
9 SENATOR KAVANAGH: Mr. President,
10 the license to carry or possess a handgun is a
11 state license. It's an unusual circumstance
12 where you have a state license that is issued by
13 localities -- it is issued at the county level in
14 most of the state, and it's issued by the City of
15 New York and the police commissioner in
16 Nassau County and parts of Suffolk County.
17 So the statute that sets the
18 permits -- that create these permits is a state
19 statute. It already sets broad parameters that
20 localities are not authorized to change.
21 It is the case that we've become
22 aware that, unlike many other states like
23 California and Maryland and Washington, D.C.,
24 which is of course not a state, and Hawaii and
25 some other states, they have taken the step of
7211
1 clarifying the manner in which one can transport
2 a gun from one place to another without a carry
3 permit. And if you have a carry permit, of
4 course, nothing in the bill we're discussing
5 today would apply to you.
6 But given that premises permits
7 are -- and the law in many states -- were silent
8 on this, we believe that it is sensible for us to
9 set a statewide standard so all gun owners,
10 especially all those with premises permits, can
11 understand that they have a right to take their
12 gun to a shooting range or to a shooting
13 competition or indeed to another home or another
14 place of business where they're authorized to
15 possess that gun.
16 And again, we think that there's no
17 particular reason for this purpose to distinguish
18 between premises permit holders in New York City
19 and premise permit holders in the rest of the
20 state.
21 SENATOR ORTT: Through you,
22 Mr. President, will the sponsor continue to
23 yield?
24 ACTING PRESIDENT BENJAMIN: Does
25 the sponsor yield?
7212
1 SENATOR KAVANAGH: Yes,
2 Mr. President.
3 ACTING PRESIDENT BENJAMIN: The
4 sponsor yields.
5 SENATOR ORTT: Through you,
6 Mr. President. The City of New York has defended
7 the regulation that was referenced that this law
8 preempts for the past six years. Has the city
9 asked for this or has the city government, which
10 the sponsor represents, have they changed their
11 mind on this regulation?
12 SENATOR KAVANAGH: Through you,
13 Mr. President, I am aware that the City of
14 New York has made an effort to begin a rulemaking
15 action, in fact, to change their rule, their own
16 rule, which they're entitled to do.
17 But since this issue has come to our
18 attention and we believe that it is an important
19 subject of statewide concern, and we became aware
20 that there is no standard currently at all that
21 indicates how one who has a premises permit can
22 transport their gun from one place they're
23 legally entitled to have the gun to another
24 place, we think that it's an appropriate subject
25 for state action. And we're taking that action
7213
1 today.
2 SENATOR ORTT: Through you,
3 Mr. President, I want to thank the sponsor for
4 his answers to my questions.
5 I'm not going to ask any more
6 questions or speak on the bill at this point.
7 ACTING PRESIDENT BENJAMIN: Are
8 there any other Senators wishing to be heard?
9 Seeing and hearing none, debate is
10 closed.
11 The Secretary will ring the bell.
12 Read the last section.
13 THE SECRETARY: Section 2. This
14 act shall take effect immediately.
15 ACTING PRESIDENT BENJAMIN: Call
16 the roll.
17 (The Secretary called the roll.)
18 ACTING PRESIDENT BENJAMIN: Senator
19 Ortt to explain his vote.
20 SENATOR ORTT: Yes, thank you,
21 Mr. President.
22 I'll be voting no today. Normally I
23 would always support a bill that I thought
24 expanded gun rights, the rights of legal gun
25 owners. And I certainly think uniformity, in a
7214
1 general sense, is always good.
2 The problem I have with this
3 legislation is I believe this legislation is
4 doing New York City's heavy work for them. So
5 they have a law on the books, a regulation that
6 has been challenged legally and is continuing to
7 go through the courts and may even ultimately end
8 up in the nation's highest court. And they have
9 defended this law for six years, in my view
10 knowing blatantly that it was unconstitutional.
11 And so far be it from this body to
12 get New York City out of its own pickle. If
13 they've defended that law and that regulation for
14 years, then they should defend it up to the
15 nation's highest court. And if they lose, that's
16 a victory for all those who support freedom and
17 the Second Amendment.
18 And so for those reasons, I will be
19 voting in the negative, Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Ortt to be recorded in the negative.
22 Announce the results.
23 THE SECRETARY: In relation to
24 Calendar Number 983, those Senators voting in the
25 negative are Senators Akshar, Amedore, Antonacci,
7215
1 Boyle, Flanagan, Funke, Gallivan, Griffo,
2 Helming, Jacobs, Jordan, Lanza, LaValle, Little,
3 Metzger, O'Mara, Ortt, Ranzenhofer, Ritchie,
4 Robach, Serino, Seward and Tedisco.
5 Absent from voting: Senators
6 Biaggi, Rivera and Sanders.
7 Ayes, 36. Nays, 23.
8 ACTING PRESIDENT BENJAMIN: The
9 bill is passed. The bill is passed.
10 Senator Gianaris.
11 (Inaudible overtalk.)
12 SENATOR GRIFFO: Mr. President, I'm
13 a little confused --
14 ACTING PRESIDENT BENJAMIN: Senator
15 Flanagan.
16 SENATOR FLANAGAN: Could you
17 reannounce the tally? I don't mean the
18 individual members, I'm just trying to -- I heard
19 two different numbers. Could you just tell me
20 what that number is, please?
21 ACTING PRESIDENT BENJAMIN:
22 Announce the results.
23 THE SECRETARY: It's 36-23, with
24 three absentee voters.
25 SENATOR FLANAGAN: Thank you.
7216
1 SENATOR GIANARIS: Mr. President.
2 ACTING PRESIDENT BENJAMIN: Senator
3 Gianaris.
4 SENATOR GIANARIS: If we can return
5 to reports of standing committees, there should
6 be a report of the Judiciary Committee at the
7 desk.
8 Can we please take that up and
9 recognize Senator Krueger -- Senator Hoylman.
10 ACTING PRESIDENT BENJAMIN: The
11 Secretary will read.
12 THE SECRETARY: Senator Hoylman,
13 from the Committee on Judiciary, reports the
14 following nominations.
15 As judges of the Court of Claims:
16 Catherine Leahy-Scott; the Honorable M. William
17 Boller; the Honorable Sanford Berland; the
18 Honorable John Higgitt; the Honorable Francis A.
19 Kahn III; the Honorable Guy Mangano, Jr.; the
20 Honorable Stephen Mignano; the Honorable April
21 Anne Newbauer; the Honorable Joseph Risi.
22 As interim Supreme Court judges:
23 the Honorable Martin Marcus; the Honorable Robert
24 Onofry; the Honorable Barbara Panepinto; the
25 Honorable Ruth Pickholz.
7217
1 As a judge of the Court of Claims,
2 reported on 6/20: Maureen T. Liccione.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Hoylman on the nominations.
5 SENATOR HOYLMAN: Thank you,
6 Mr. President.
7 I want to acknowledge the presence
8 of the two new appointees and their families who
9 are here for the Court of Claims: Catherine
10 Leahy-Scott, who is here, and Maureen Liccione,
11 who is also here with her family.
12 I want to thank my colleagues on the
13 Committee on Judiciary for their support of these
14 nominees, for their insight into their
15 backgrounds, which was widely discussed in both
16 cases, and for Governor Cuomo for advancing these
17 nominations of two very high-quality women to
18 serve on the Court of Claims, who clearly have an
19 understanding of the state's judicial system, our
20 communities, and share the principle that justice
21 should be equal under the law.
22 So I congratulate the nominees in
23 advance of the vote, welcome their families, and
24 thank my colleagues for their support.
25 ACTING PRESIDENT BENJAMIN: Senator
7218
1 Boyle on the nominations.
2 SENATOR BOYLE: Thank you,
3 Mr. President, to explain my vote.
4 I'm particularly, here, very proud
5 to support the nomination of Maureen Liccione.
6 She's a constituent of mine. We're long-time
7 friends on different sides of the aisle, but with
8 great respect for each other.
9 Maureen is a tremendous attorney, a
10 great litigator. Her reputation is known
11 throughout downstate New York. She's also done
12 so much for our communities, the Bay Shore School
13 District and many other organizations.
14 This is a very proud day for the Bay
15 Shore-Brightwaters community, and I proudly
16 support her for the Court of Claims.
17 ACTING PRESIDENT BENJAMIN:
18 Senator Gaughran on the nominations.
19 SENATOR GAUGHRAN: Yes, thank you,
20 Mr. President.
21 I too am very proud of all the
22 nominees that have come before us for these
23 judicial offices, but I would especially like to
24 welcome Maureen Liccione, somebody I have known
25 for many, many years. And she is really an
7219
1 outstanding attorney who I know will be a very
2 effective, fair, compassionate and really a great
3 judge on the Court of Claims.
4 I vote in the affirmative.
5 ACTING PRESIDENT BENJAMIN:
6 Senator Martinez on the nominations.
7 SENATOR MARTINEZ: Thank you,
8 Mr. President.
9 I too rise, first of all to
10 congratulate everyone as well, but again
11 specifically to Maureen Liccione.
12 You have not only been a mentor to
13 me, but a friend. And I am so happy and so proud
14 of you to be where you are today. And we share
15 such great memories together. And as you are
16 emotional, so am I, because of conversations that
17 you and I have had for quite some time now.
18 And please know that as a woman I am
19 so proud of you, and I wish you the best success.
20 And I know you will be an excellent and fair
21 judge when people come before you at your own
22 bench. Congratulations.
23 ACTING PRESIDENT BENJAMIN: Senator
24 Jordan on the nominations.
25 SENATOR JORDAN: Mr. President and
7220
1 my colleagues, I rise to speak in support of my
2 constituent, Catherine Leahy-Scott, who has been
3 nominated for the Court of Claims.
4 I had the pleasure of speaking with
5 her on the phone several days ago, learned a lot
6 about her. She will make an excellent Court of
7 Claims judge. Her entire public service career
8 has focused on ensuring integrity and
9 accountability to New York's taxpayers.
10 She has served as Inspector General
11 of New York, and many of you may know her because
12 she was -- she was actually in the Dannemora case
13 and was portrayed in the movie. And there she
14 is. So she has also some movie claim. It's
15 actually art imitating life in real time.
16 So I am very proud to nominate her,
17 and I know she will do just a terrific job.
18 Thank you.
19 ACTING PRESIDENT BENJAMIN: Senator
20 Sepúlveda on the nominations.
21 SENATOR SEPÚLVEDA: Thank you,
22 Mr. President.
23 I too rise to congratulate all of
24 the nominees, especially Inspector General
25 Catherine Leahy-Scott, who we have a similar
7221
1 trajectory in our lives. We both are Hofstra
2 University undergrad alumni and Hofstra
3 Law School alumni.
4 So I want to congratulate you. I'm
5 sure that President Rabinowitz is very proud of
6 what's happening here today.
7 But I also want to highlight the
8 issue that we have -- continue to have with the
9 state courts is that despite the fact that
10 Latinos make up over 23 percent of the
11 population, African-Americans, the same or larger
12 numbers, we still have an issue with nominees on
13 the court. We still don't have sufficient people
14 on the court to reflect the population of
15 New York State and certainly the growing
16 population of lawyers in communities of color.
17 So I want to bring that to your
18 attention, as I have every year since I've been
19 in the Assembly and the Senate. We have to do a
20 better job.
21 But today it's about the nominees.
22 Congratulations.
23 ACTING PRESIDENT BENJAMIN: The
24 question is on the nominations. All in favor say
25 aye.
7222
1 (Response of "Aye.")
2 ACTING PRESIDENT BENJAMIN:
3 Opposed?
4 (No response.)
5 ACTING PRESIDENT BENJAMIN: The
6 nominations have been confirmed.
7 To our new Court of Claims judges,
8 Catherine Leahy-Scott and Maureen Liccione,
9 please stand and be recognized.
10 (Standing ovation.)
11 ACTING PRESIDENT BENJAMIN: Senator
12 Serrano.
13 SENATOR SERRANO: Thank you,
14 Mr. President.
15 I believe there is a report of the
16 Finance Committee at the desk.
17 ACTING PRESIDENT BENJAMIN: We
18 will return to reports of standing committees.
19 There is a report of the
20 Finance Committee at the desk.
21 The Secretary will read.
22 THE SECRETARY: Senator Krueger,
23 from the Committee on Finance, reports the
24 following nominations.
25 On the report dated May 30th:
7223
1 Michael Schmidt, as Commissioner of Taxation and
2 Finance; Theodore Kastner, M.D., as Commissioner
3 of Developmental Disabilities; Linda Lacewell, as
4 Superintendent of the Department of Financial
5 Services; and Maria T. Vullo, as Director of the
6 State of New York Mortgage Agency.
7 On the report dated June 17th:
8 As members of the Board of Directors
9 of the Roosevelt Island Operating Corporation:
10 Jeffrey R. Escobar, Conway S. Ekpo, and David E.
11 Kapell.
12 As members of the State Insurance
13 Fund: Sean A. Graham, Bhakti Mirchadani, and
14 Kenneth R. Theobalds.
15 As members of the SUNY College of
16 Environmental Science and Forestry: William P.
17 Fisher; John K. Bartow Jr.; Linda Brown-Robinson;
18 Matthew J. Marko; and Steven Richard Fedrizzi.
19 As members of the Public Health and
20 Health Planning Council: Mario R. Ortiz, Ph.D.;
21 Peter G. Robinson; John D. Bennet, Jr., M.D.; and
22 Ann F. Monroe.
23 As members of the Board of Visitors
24 of the Mid-Hudson Forensic Psychiatric Center:
25 Anna Jean Brigham, Vernon Jordan, and Dhanu
7224
1 Sannesy.
2 As members of the Board of Visitors
3 of the Pilgrim Psychiatric Center: Alicia
4 Cloonan and Lisa Leib.
5 As a member of the Board of Visitors
6 for the New York State Home for Veterans and
7 their Dependents at Oxford: Randall Lambrecht.
8 As a member of the Board of Visitors
9 of the Central New York Developmental
10 Disabilities Services Office: Roger A. Benn.
11 As a member of the Board of Visitors
12 of the Greater Binghamton Health Center: Albert
13 S. Prohaska.
14 As a member of the Board of Visitors
15 of the Staten Island Developmental Disabilities
16 Services Office: Diane Carbonaro.
17 As a member of the Board of Visitors
18 of the Capital District Psychiatric Center:
19 Patricia Pangburn.
20 As a member of the Allegheny State
21 Park, Recreation and Historic Preservation
22 Commission: Joseph P. Trusso.
23 As members of the Long Island State
24 Park, Recreation and Historic Preservation
25 Commission: Keith M. Corbett and David Okorn.
7225
1 As commissioners of the Interstate
2 Environmental Commission: Jeffrey A. Myers and
3 Philip M. De Gaetano.
4 As members of the State Fire
5 Prevention and Building Code Council: Robert
6 Hughes and Joseph J. Toomey.
7 As members of the Administrative
8 Review Board of Professional Medical Conduct:
9 Steven V. Grabiec, M.D., and Jill M. Rabin, M.D.
10 As members of the Industrial Board
11 of Appeals: Patricia Kakalec and Naja A. Farley.
12 As a member of the State Council on
13 the Arts: Hildy Kuryk-Bernstein.
14 As a member of the State Camp Safety
15 Advisory Council: Dawn Ewing.
16 As a member of the State Board for
17 Historic Preservation: Carol Clark.
18 As a member of the New York
19 Convention Center Operating Corporation: Gary
20 Lavine.
21 As a director of the New York State
22 Urban Development Corporation: Howard A. Zemsky.
23 On the report dated June 18th:
24 As members of the Workers'
25 Compensation Board: Martin M. Dilan; Pamela
7226
1 Caggianelli; and Arelis Tavares.
2 As commissioner of the Department of
3 Transportation: Marie Therese Dominguez.
4 As commissioner of the Division of
5 Homeland Security and Emergency Services:
6 Patrick A. Murphy.
7 As commissioner of the Office of
8 Children and Family Services: Sheila J. Poole.
9 As members of the State Board of
10 Parole: Carlton S. Mitchell; Sheila Y. Samuels;
11 Chanwoo Lee; Michael S. Corley; and Elsie
12 Segarra.
13 As a member of the Metropolitan
14 Transportation Authority Board: Linda Lacewell.
15 As chair of the State Liquor
16 Authority: Vincent Bradley, Jr.
17 As members of the Public Service
18 Commission: Tracey A. Edwards and John B.
19 Howard.
20 As a trustee of the State University
21 of New York: Caryl M. Stern.
22 As a member of the New York State
23 Thruway Authority: Heather C. Briccetti.
24 As a member of the Republic Airport
25 Commission: Stella M. Barbara.
7227
1 As a member of the Rochester-Genesee
2 Regional Transportation Authority: James
3 Bensley.
4 As a member of the Capital District
5 Transportation Authority: Patrick M. Lance.
6 As members of the Port of Oswego
7 Authority: Ranjit S. Dighe, Ph.D., and Constance
8 Cosemento.
9 As a member of the Ogdensburg Bridge
10 and Port Authority: Sheila S. Peo.
11 As commissioners of the State Liquor
12 Authority: Lily M. Fan and Greeley T. Ford.
13 And on the report dated June 19th:
14 As members of the Metropolitan
15 Transportation Authority Board: Robert F.
16 Mujica; Robert W. Linn; Andrew Albert; and
17 Randolph Glucksman.
18 ACTING PRESIDENT BENJAMIN:
19 Senator Krueger on the nominations.
20 SENATOR KRUEGER: Thank you,
21 Mr. President.
22 The Governor has sent us quite a
23 long list of people for confirmation as we close
24 down session for this year. I wanted to
25 recognize -- actually, I need to check one thing.
7228
1 Excuse me. I wanted to recognize
2 three of the nominees of that long list that the
3 Governor has sent us that are here with us today.
4 One is John Howard, for the Public Service
5 Commission. I believe he's here with his wife.
6 One is Ms. Segarra, for the Board of Parole. And
7 also Robert Mujica, who is the Director of Budget
8 for the State of New York.
9 I don't think it is even worth my
10 attempting to speak on behalf of this very long
11 list other than to say we appreciate everyone who
12 is committed to public service and is willing to
13 work for the great State of New York, either in a
14 paid or a volunteer position.
15 I just want to make one small
16 footnote for history. Mr. Mujica's appointment
17 is pending a change in statute later today, and
18 that when the statute is changed, he will be
19 legally eligible to serve on the MTA Board, but
20 we will need to get that done later today.
21 I don't know if there are any other
22 members who wish to speak, but I will give it
23 back to you, Mr. President.
24 Thank you.
25 ACTING PRESIDENT BENJAMIN:
7229
1 Senator Akshar on the nominations.
2 SENATOR AKSHAR: Mr. President,
3 thank you. I rise specifically to speak a little
4 bit about the Parole Board nominations, if I may.
5 Thank you.
6 You know, in the four years that I'm
7 here, I think if there is one area that -- in
8 state government that I have been disappointed
9 in, it's certainly been the Parole Board. The
10 Parole Board, at least during my tenure here, has
11 had no problem releasing cop killers, pedophiles,
12 murderers, rapists. And that -- that's a fact.
13 And that is becoming commonplace with this Parole
14 Board. And quite frankly, it's despicable.
15 Whether we agree or disagree on this
16 point, there are some crimes that are so
17 egregious, the people who commit them should
18 spend the rest of their waking days in prison.
19 They shouldn't be back out on the street.
20 I find it incredibly unfortunate
21 that some of my colleagues across the aisle have
22 been saying we need people on the Parole Board
23 that think like us. What does that mean? I
24 don't even understand what that means, "that
25 think like us."
7230
1 Other comments: There are so many
2 more Judith Clarks out there that deserve to be
3 released. Well, I wholeheartedly disagree. And
4 I'll tell who else disagrees. The families of
5 Joe Piagentini and Waverly Jones, the family of
6 Paula Bohovesky, the families of Peter Paige,
7 Edward O'Grady, Waverly Brown, and Lisa Solomon.
8 Do you know who those people are?
9 Those are people who were killed by Herman Bell,
10 Richard LaBarbera, Judith Clark, and Matt
11 Solomon. Cold-blooded, calculated, unrepenting
12 killers. That's who they are.
13 I think there's a stark difference
14 between the Senate Republicans and the Senate
15 Democrats when it comes to the Parole Board. One
16 us of us seeks to ensure justice for victims,
17 their families, and the people of this great
18 state rather than allowing violent criminals to
19 go free.
20 I am a little perplexed by this
21 list, because when we started there were six
22 people on the list, and now there are only five.
23 And I find it interesting that the person who is
24 not on the list came from within the system,
25 working with folks that were incarcerated, and he
7231
1 no longer is on the list.
2 So I think that this Parole Board in
3 its current shape has gone rogue, and I think
4 that they are making decisions based on the way
5 that the political winds are blowing. And
6 they're void of common sense and have forgotten
7 about everyday New Yorkers.
8 So when you look at the resumes of
9 those folks, I think they have served their
10 respective communities and their respective areas
11 well. I think on paper it looks very good. But
12 there's an old saying -- and I mean no disrespect
13 by this -- fool me once, shame on you. Fool me
14 twice, shame on me. And guess what,
15 Mr. President. Not today. I'm not going to be
16 fooled again. And I don't want my fingerprints
17 on this Parole Board anymore.
18 So I'm standing to say that I cannot
19 in good conscience, nor will I, support any of
20 the Governor's nominees.
21 Thank you, Mr. President.
22 ACTING PRESIDENT BENJAMIN: Senator
23 Kennedy on the nominations.
24 SENATOR KENNEDY: Thank you,
25 Mr. President.
7232
1 I am honored to stand and cast my
2 vote in favor of this tremendous list of
3 distinguished honorees that will be serving in
4 such important capacities within our state
5 government.
6 A couple of folks that I'd like to
7 highlight. First of all, one of Buffalo's own
8 and one of Buffalo's finest, and that is Howard
9 Zemsky, who will be appointed as director of the
10 New York State Urban Development Corporation.
11 Unfortunately, Mr. Zemsky cannot be with us, as
12 he has lost his father in the last 24 hours, who
13 had made an indelible mark on the great City of
14 Buffalo and lived to the ripe old age of 93 and
15 leaves an extraordinary legacy. But our thoughts
16 and prayers are with Howard and Leslie Zemsky and
17 the entire Zemsky family.
18 We are thrilled that he will
19 continue to serve our great state.
20 So many other remarkable individuals
21 that came through the Transportation Committee
22 that I have had the honor to chair. Marie
23 Therese Dominguez will be named as commissioner
24 of the Department of Transportation. An
25 extraordinary resume she brings to the table.
7233
1 A number of individuals that will
2 serve in capacities as member of various
3 authorities, be it the Thruway Authority or
4 transportation authorities, port authorities
5 across the state, including especially the MTA,
6 where we're recognizing the leadership of a
7 number of individuals.
8 One of them is with us here today,
9 and I'd like to speak on his behalf, and that is
10 Robert F. Mujica, who has already been mentioned.
11 We welcome you to the chamber.
12 You know, I've spoken publicly about
13 Mr. Mujica. I think it's important to recognize
14 his work here, not just in state government
15 generally, but even in this chamber serving the
16 other side of the aisle. But we've watched him
17 work and work well, and work with honor and
18 distinction. And he has always been fair and
19 kind and receptive and has worked with others
20 regardless of the side of the aisle, regardless
21 of maybe a difference in philosophy. He has
22 always lent his ear to the conversation, and he
23 has always worked to make sure that everyone's
24 voice is heard at the table.
25 We need an individual like Robert
7234
1 Mujica on the MTA to communicate with us in real
2 time the issues of greatest importance to the
3 ridership, the millions of people that rely upon
4 the MTA each and every day.
5 We need to make the MTA a system
6 that the people that ride it every day can trust
7 in again. We have to make it reliable and
8 dependable. We have to ensure that it continues
9 to be the engine of our economy, not just in the
10 13 counties that rely upon it each and every day
11 to get to and from work and home and school and
12 other areas throughout the downstate region --
13 but the economy of the entire state and, quite
14 frankly, the entire nation is dependent upon the
15 MTA.
16 Robert Mujica, it's an honor to cast
17 my vote in your -- in the affirmative.
18 I look forward to continuing to work
19 with the leaders of the MTA and others: Robert
20 Linn, who we had before us yesterday; Andrew
21 Albert; Randolph Glucksman. These individuals
22 have served their respective communities in our
23 state in various capacities of distinction, and
24 we are going to need them to drive an agenda
25 forward to make the MTA one that is
7235
1 uncompromising, one that people can trust in once
2 again and one that we as an entire state can be
3 proud of. But it's all about the ridership.
4 It's all about the ridership.
5 And there are questions these days
6 about the system as a whole. Recently we
7 advanced a leader, Patrick Foye, as -- we
8 advanced him into his leadership capacity as
9 leading the MTA into the next phase of
10 development. Bringing the resources necessary,
11 we focus in on the infrastructure, making the
12 changes for the system.
13 We're going to rely upon the men and
14 women, the hardworking men and women which are,
15 quite frankly, the most precious resource of the
16 MTA. Without the men and women that work each
17 and every day on the line within the system, the
18 system fails. We have to make sure that they
19 have the resources necessary to have that system
20 function at the level that we all need.
21 We have been given a commitment by
22 each and every one of these distinguished members
23 that we are promoting today that they will do
24 their absolute best to make this the finest
25 system, not only in our nation but on the globe.
7236
1 Mr. President, with that, I vote
2 aye.
3 ACTING PRESIDENT BENJAMIN:
4 Senator Parker on the nominations.
5 SENATOR PARKER: Thank you very
6 much, Mr. President.
7 Let me add my voice to those who are
8 congratulating both the Governor and these very
9 illustrious nominees who will become
10 commissioners and members of boards of various
11 functionaries across our great state.
12 Particularly let me welcome back to
13 the chamber Robert Mujica. We, you know, are
14 happy to have you. You're probably the
15 hardest-working person in state government, next
16 to the members of this, you know, great body.
17 And I also want to just mention one
18 of our former colleagues, Martin Dilan, who's
19 going to be a member of the Workers' Compensation
20 Board, has a great deal of expertise, somebody
21 who's hardworking, somebody who's been a person
22 who has represented both his community and the
23 people of the state with dignity and great
24 competence. And I'm sure he's going to bring
25 those same sets of values to the Workers'
7237
1 Compensation Board.
2 There's a lot that needs to happen
3 here. You heard Senator Sepúlveda earlier talk
4 about the Court of Claims and the need for
5 diversity. We've made those same kinds of
6 requests in the context of nominees. And I think
7 the Governor has been better here than he's been
8 with some of the other areas.
9 And particularly with the Board of
10 Parole and his nominees here, a great deal of
11 diversity is exactly what we need. And not just
12 diversity in terms of ethnic diversity, but
13 diversity in terms of skill sets and competencies
14 and understandings about what happens in the
15 context of our criminal justice system.
16 Parole, ladies and gentlemen, is not
17 about the crime, it's about the time. The folks
18 who come up for parole have already been
19 convicted, they have been sentenced, and they
20 have served some part of their sentence. The
21 Parole Board is not an opportunity for double
22 jeopardy. It is not supposed to be set up to
23 keep people in prison for -- in perpetuity.
24 Right? I'm not going to say that three times
25 fast, Mr. President. Right?
7238
1 It's really a board that's supposed
2 to evaluate the time and the quality of the time
3 that these folks have spent.
4 America is a place of second
5 chances. And certainly our state should be a
6 place of second chances. And, you know, people
7 commit crimes, people make mistakes, people do
8 things that are wrong. And in instances in which
9 that means that they should be punished in a
10 manner in which they never, you know, leave
11 captivity, that is in fact an estimation for a
12 judge and a jury, not one for the Parole Board.
13 At the moment they come in front of
14 the Parole Board, those men and women should be
15 evaluating did this person grow while they
16 were -- in that time? Did they take advantage of
17 the opportunities to reclaim their lives and make
18 their lives better? And are they a danger to
19 society going forward?
20 And certainly I think that the
21 Governor has done a better job at putting people
22 who I think have a better understanding of those
23 things, who come with a breadth of experiences
24 and trainings to best evaluate that. And we
25 should no longer have a Parole Board that falls
7239
1 into the trap of making prisons upstate economic
2 development. And I'm all for economic
3 development in upstate New York, but prisoners
4 should not be and the Parole Board should not be
5 an extension of a prison industrial complex.
6 And so congratulations again to
7 everyone who's being nominated today. My good
8 friend John Howard, I'm looking forward to our
9 continued work together on the Public Service
10 Commission. You know, I will be, per usual,
11 bugging you with all kinds of requests and
12 problems. But I'm looking forward, as we start
13 to transform our energy infrastructure in the
14 state, to having an expert like you, you know,
15 helping guide the way.
16 Thank you, Mr. President.
17 ACTING PRESIDENT BENJAMIN:
18 Senator LaValle on the nominations.
19 SENATOR LaVALLE: Thank you,
20 Mr. President.
21 Just very briefly, I want to be
22 associated with the remarks that were made by
23 Senator Akshar on the members of the
24 Parole Board.
25 And the only standard that I have
7240
1 from the people who sent me here is that they
2 will be safe in their homes and in their person.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Sepúlveda on the nominations.
5 SENATOR SEPÚLVEDA: Thank you,
6 Mr. President.
7 Firstly I want to congratulate
8 Robert Mujica. I know that I harp a lot about
9 the advancements of Latinos in New York State --
10 and that's because if you look at boards
11 throughout the state in history, you have less
12 than 2 percent of Latinos on all these boards or
13 quasi-governmental authorities.
14 And Mr. Mujica has served in quite a
15 capacity, and he's opened doors for a lot of
16 young men and women of communities of color. And
17 he's served with dignity. And I want to thank
18 him for what he's done.
19 I have to take issue with my
20 colleague Senator Akshar on what he believes
21 incarceration should lead to and whether some
22 people should never be released from prison.
23 The concept of incarceration is and
24 always has been to give people an opportunity to
25 rehabilitate. And as the chair of the
7241
1 Corrections Committee, I would never use a litmus
2 test for a candidate that says that there is a
3 particular crime that someone should never be
4 released from. By the same token, I'd never
5 support a candidate who says that everyone who
6 appears before the Parole Board should be
7 released.
8 This is about them reviewing the
9 work, the efforts of people that are incarcerated
10 to rehabilitate themselves, to make an honest
11 assessment to see if they have changed and
12 whether they have become less of a danger to
13 society, but also whether they've changed,
14 whether they've accepted what they've done,
15 whether they are remorseful, and whether they're
16 going to be productive members of society if
17 they're released.
18 More importantly, I think if my good
19 friend Senator Akshar had taken the time to
20 appear before my committee and seen, reviewed and
21 discussed or questioned some of the very good
22 candidates that have appeared, he would have
23 realized that one of the candidates, Elsie
24 Segarra, has had a distinguished career in
25 corrections and parole for over 20 years. So
7242
1 your comments that the only person that's not on
2 the list is a person who spent a lifetime in
3 correction is inaccurate.
4 You have members -- candidates here
5 who have been both on the law enforcement side
6 and on the social service side. And we should
7 not look at diversity as something that is bad
8 for the Parole Board. We should look at it as
9 something positive. We want people with all
10 forms and all types of experiences to serve on
11 this board.
12 And the insinuation that somehow my
13 colleagues here in the Democratic Conference are
14 against law enforcement and will only support
15 candidates that are against people who have
16 worked in corrections or against law enforcement
17 is just unfortunate and inaccurate.
18 And these candidates that appeared
19 before our committee, my Corrections Committee,
20 we see good people, people who are willing to
21 sacrifice a lot to serve this state. And we
22 should applaud them, we shouldn't denigrate them.
23 We shouldn't characterize them as anti-law
24 enforcement. And we should thank them for being
25 willing to serve the state in an honorable
7243
1 fashion.
2 So I congratulate each and every one
3 of them, and I vote aye.
4 ACTING PRESIDENT BENJAMIN: Senator
5 Ranzenhofer on the nominations.
6 SENATOR RANZENHOFER: Thank you,
7 Mr. President.
8 I rise also today to speak on a
9 number of the candidates and nominees that are
10 before us today, and I'll start with Mr. Mujica,
11 who I believe is sitting behind us here.
12 I've had the opportunity of serving
13 in the Senate when he was the head of the Senate
14 Finance Committee and now, more recently, when he
15 has been budget director for the Governor.
16 And there are two important factors
17 that I look at when I consider a nominee. And I
18 had mentioned this during our Finance Committee
19 meeting, which was chaired by Senator Krueger.
20 The first is whether or not the nominee is
21 qualified. And I think on that score there's not
22 a member of this house who feels that he is
23 anything but outstanding and very, very
24 qualified.
25 The second criteria, in my mind, is
7244
1 whether or not he would be able to bring that
2 expertise, those qualifications of experience and
3 education, and make the authority better than it
4 is today.
5 And the one comment that I have to
6 make is again, as I had said in committee, I
7 don't have -- I don't live in the MTA region, but
8 I do have family and friends that do live there,
9 and just listening to all my colleagues, I don't
10 think that there is an authority which has had
11 more complaints, more controversy, and is a
12 worse-run organization in terms of safety,
13 timeliness, than the MTA.
14 And if this nominee can bring his
15 expertise and improve it from where it is today,
16 then I think that he will serve the authority
17 well. No matter what your opinion of him is with
18 respect to -- in your deliberations on budgets
19 and legislation and, you know, is he -- you know,
20 obviously he's the budget director for the
21 Governor. But the bottom line is if he can make
22 the MTA a better authority, then I think it will
23 be -- he will be -- the authority will be
24 well-served in having him on it. And I'm very
25 happy to rise in support of this excellent
7245
1 nominee.
2 I just want to mention very quickly
3 there was a judicial nominee from the Eighth
4 Judicial District who has close to 30 years of
5 experience, 13 years on the Court of Claims --
6 his third time that he is being nominated by a
7 Governor, this will be the third Governor who has
8 nominated him: William Boller, who will continue
9 to do an excellent job in dispensing fair justice
10 throughout the Eighth Judicial District.
11 And I was not going to speak on the
12 Parole Board nominees, but in light of some of
13 the comments that have been made, I feel
14 compelled to rise and speak on this particular
15 issue.
16 Now, one of the issues, there's a
17 number of factors that have been raised. And
18 that is, what is the individual's experience
19 while he has or she has served in prison? Have
20 they made progress toward rehabilitation? What
21 is the likelihood of success once they are
22 released?
23 But one of the other important
24 factors that I think people are overlooking --
25 and that factor is, and it's right in the law, is
7246
1 whether or not the release would diminish the
2 severity of the crime. And in listening to some
3 of the nominees that came before the committee, I
4 really believe, in hearing what I did hear in
5 committee, is that that factor from some of the
6 nominees was diminished. They did not feel that
7 that was an important statutory factor, they
8 thought other factors were more important.
9 And as I think, as Senator LaValle
10 said, public safety of the community and the
11 severity of the crime is certainly a factor that
12 can be considered. And when I have -- and when I
13 hear from nominees that one of the factors that
14 is set forth in law is going to be diminished in
15 one sense, well, that is cause for concern.
16 Now, if the Legislature wants to
17 change the law and say that the severity of the
18 crime is no longer an important factor or the
19 severity of the crime is no longer, you know, as
20 important as other factors, well, then maybe we
21 have to look at it a little differently. But as
22 long as the law is what it is and the severity of
23 the crime is what it is, I think that's an
24 equally important factor. And I did not like
25 what I heard from many of the nominees that came
7247
1 before the committee.
2 So on a whole, I just wanted to lend
3 my opinion to some of the nominees that the
4 Governor has put forth today.
5 Thank you very much, Mr. President.
6 ACTING PRESIDENT BENJAMIN:
7 Senator Bailey on the nominations.
8 SENATOR BAILEY: Thank you,
9 Mr. President.
10 To the vast majority of the
11 nominees, I salute you. I applaud you, I thank
12 you for your commitment to state service. It is
13 a noble endeavor that you are taking. Whether
14 your position is full-time or you're serving on a
15 board, I thank you for making a great commitment
16 to this great State of New York.
17 Mr. Mujica, thank you for your work
18 in the Executive Chamber. Your work ethic cannot
19 be questioned. And I thank you for what you do.
20 But I'm going to talk about the
21 Parole Board and take some issues with somebody
22 who I do consider a friend and a colleague,
23 Senator Akshar -- not issues with him, but his
24 commentary today, Mr. President.
25 You know, there are times that you
7248
1 think about what a citizen legislature -- what
2 the advantages of that are. And I think the
3 advantages of the citizen legislature is that we
4 have individuals from a variety of backgrounds.
5 We don't just have lawyers, we don't just have
6 doctors, we don't just have teachers, we don't
7 just have physical therapists. We have a wide
8 variety of individuals who bring their unique
9 skill set to be able to make this state great.
10 So it troubles me when I hear, well,
11 the only individual that was taken off was
12 somebody from law enforcement, which wasn't the
13 case, as Senator Sepúlveda indicated.
14 Ms. Segarra has a storied 20-year-plus background
15 in the Parole Board. Michael Corley has
16 experience with the COMPAS tool that is utilized
17 in the parole decisions.
18 And I'm just -- I'm curious as to
19 how we can make such determinations, especially
20 when the members voted no in the -- and your
21 party voted no on these Parole Board nominees,
22 including the individual who had a law
23 enforcement background.
24 So we've got to be fair and clear
25 about these things. And I'm not saying that
7249
1 people should be released just to be released.
2 The idea that the Democratic Conference is
3 against public safety, once again, is the most
4 ludicrous thing that I've heard today. It is
5 simply not the case. Simply not the case, once
6 more.
7 And in that same meeting,
8 Mr. President, members of the party were less
9 than impressed with the individual who was a
10 member of law enforcement, based upon
11 conversations that we were having. So I don't
12 get the fascination with this individual.
13 And while we can agree to disagree
14 on certain things, we want to keep people safe
15 but we also can't talk about -- we can't talk
16 about second chance but not live a second-chance
17 lifestyle. We can't do that. Not as
18 individuals, not as legislators. We just -- we
19 can't do that.
20 And, Mr. President, no matter what
21 your views were on the Judith Clark Parole Board
22 decision, let me make a note for the record that
23 all three individuals who were on that board were
24 appointed during the majority of the Senate
25 Republicans.
7250
1 I vote aye on the nomination,
2 Mr. President.
3 ACTING PRESIDENT BENJAMIN:
4 Senator Gaughran on the nominations.
5 SENATOR GAUGHRAN: Thank you,
6 Mr. President.
7 And I concur with Senator Krueger's
8 comments on the outstanding qualifications of all
9 these nominees. And I look forward to voting for
10 all of them.
11 But I would just like to focus just
12 for a second on the nominees to the New York
13 State Public Service Commission.
14 I'm very thrilled with the
15 Governor's choices. These are individuals that I
16 have known for many years. And we really need
17 fresh eyes, a breath of fresh air on that Public
18 Service Commission. And Tracey Edwards, who
19 lives in my town, has an outstanding background
20 in public service. And John Howard is somebody
21 who of course now works for the Governor, and he
22 is somebody who I have worked with over a number
23 of years in a variety of areas.
24 And in particular, what I am so
25 encouraged by is that on Long Island and in other
7251
1 parts of the state, we have a big problem with
2 some of these private water companies. Many of
3 us have public water, so we don't have the
4 problems that our constituents have with private
5 water companies. On Long Island, we have the
6 American Water Company, and the Public Service
7 Commission continues to increase their rates
8 dramatically. And there are all sorts of issues
9 that have to be dealt with with them, and I'm
10 sure with some of these other companies as well.
11 So I'm excited that these two fresh,
12 new, outstanding nominees will go on the
13 Public Service Commission and will take a look at
14 this and all the other issues that they will be
15 facing. And I really feel that they will be
16 strong consumer advocates for the people of the
17 State of New York, and I will be voting in the
18 affirmative on all these nominations.
19 Thank you, Mr. President.
20 ACTING PRESIDENT BENJAMIN: Senator
21 Mayer on the nominations.
22 SENATOR MAYER: Thank you,
23 Mr. President.
24 I want to congratulate the nominees,
25 especially those that are here today. I want to
7252
1 speak about two of them.
2 First I want to speak about
3 Robert Mujica. I know he's here. He and I served
4 as colleagues, as staff here during a rather
5 tumultuous time in the New York State Senate, and
6 we both lived to come out on the other side. He
7 may have done better than I, now being director
8 of the Division of Budget. But we have worked
9 extremely well together professionally, committed
10 to the people that we serve jointly, he for the
11 whole people of the State of New York.
12 And I just want to say on the issues
13 of education, where on multiple occasions I've
14 had to go to Robert Mujica on behalf of the
15 people I served in the Assembly and here in the
16 Senate to make the case, whether it was schools
17 for the deaf and blind, special schools for
18 children with special needs, obviously the
19 children of the City of Yonkers, I've always
20 found him to be an excellent listener, a person
21 who is dispassionate about the facts that are
22 before him, and someone who is committed to the
23 ultimate public service goal, which is serving
24 the people of the state.
25 And I look forward to his service on
7253
1 the MTA Board, and I want to congratulate him.
2 I also want to speak about Acting
3 Commissioner Sheila Poole, who is nominated for
4 commissioner of the Office of Children and Family
5 Services.
6 You know, for many of us in the
7 Legislature, Mr. President, having commissioners
8 of agencies respond and care about the people
9 they serve is so very, very important. And I
10 have worked with Ms. Poole repeatedly on issues
11 as they arise among -- regarding some of
12 New York's most damaged and vulnerable children.
13 Children who needed someone who cared, who was
14 willing to give them a second chance in regards
15 to the conversation that was had previously.
16 Someone who stood up for children who have made a
17 mistake or parents who have made a mistake, with
18 the goal to giving every child in New York the
19 best life they could.
20 Sheila has been that kind of person
21 and a colleague, and I know that she leads an
22 agency which faces many challenges with
23 tremendous integrity and, moreover, with
24 commitment to the students and the children of
25 our state.
7254
1 So I just would be remiss if I did
2 not mention Sheila Poole and say how pleased I am
3 to be voting on her as the commissioner today.
4 Thank you. I vote aye.
5 ACTING PRESIDENT BENJAMIN: Senator
6 Flanagan on the nominations.
7 SENATOR FLANAGAN: Thank you,
8 Mr. President.
9 You know, it's an interesting list.
10 I give Senator Krueger and our colleagues a lot
11 of credit, because it takes time and a lot of
12 diligence to go through these applications and
13 the resumes of people who are before us for
14 considering now. And when you get the time to
15 look through the list, you start hearing names
16 and things run through your head.
17 A gentleman whose name has not been
18 mentioned, but was read into the record, is a
19 member -- or commissioner of the State Liquor
20 Authority. I want to extol the virtues of
21 Greeley Ford, who was -- while Senator Griffo
22 happens not to be in the room at the moment, he
23 knows him very well. I think Mr. Ford has done
24 an excellent job as a commissioner of the State
25 Liquor Authority. He gets it. I'm glad that
7255
1 he's being reappointed.
2 And that's a tough place, man. You
3 know, that's like -- that's just a tough place to
4 be, with all the issues that they confront. But
5 he's done that job and served with distinction.
6 Also, too, his name was mentioned,
7 Marty Dilan. And I'm glad someone raised his
8 name. You know, me personally, I hear Marty
9 Dilan, I'm like, This is good. You know, this is
10 a nice, good appointment. He was a terrific
11 elected official. I believe he'll be a valued
12 member of the Comp Board. And I'm sure that he
13 will distinguish himself when he assumes that
14 position. So congratulations to him.
15 And Senator Gaughran brought up
16 Tracey Edwards. We have both known Tracey for
17 probably an equal amount of time. She being a
18 Democrat, Jim of course being a Democrat, I being
19 a Republican.
20 She is extraordinarily well-liked,
21 and she has a wide, wide array of experience and
22 background. She will fit in there very nicely.
23 I'm very happy for her. She's a very
24 accomplished individual. And while she has
25 decades of service, she doesn't look anywhere
7256
1 near her age if she happened to walk into this
2 chamber. But that is a very strong appointment.
3 Another appointment that I just
4 wanted to reference, more in the abstract -- but
5 I want to do this to make a point. The
6 Department of Financial Services.
7 Sometimes I think what happens --
8 and it doesn't really matter who's in charge. It
9 matters to some degree, because they help choose
10 the nominees. But I swear, a number of us have
11 sat in on confirmation hearings in committee, and
12 a big committee, of course, is the Finance
13 Committee. And you listen to people who come in
14 and you hear their stories and you look at their
15 background and you ask them questions, and you
16 hear what they think. And they tell you what
17 they're going to do.
18 And then they get there, and you
19 start seeing what they do, and you're like, Wait,
20 that's not the person that I remember coming
21 before the committee and listening to their
22 qualifications and their story. And sometimes
23 it's a radical departure from what they say to us
24 and what they do when they assume these
25 positions.
7257
1 Now, I wish Linda Lacewell well.
2 And I hope she succeeds as the superintendent of
3 the Department of Financial Services. But I will
4 give a word of caution. In my humble opinion,
5 her predecessor in that office has been much more
6 of a prosecutorial agency than an oversight and a
7 regulatory agency. I think it's tilted in one
8 direction too far. It has made it very difficult
9 for entities to do business in New York.
10 And I believe in regulation and
11 appropriate oversight. But I think that the
12 department has run far afield of what its mission
13 should -- should be. And I hope that our new
14 superintendent will reflect that in her
15 policies -- not be a patsy for anyone, and be a
16 strong enforcer, but recognize what it means to
17 have that type of oversight and authority and
18 jurisdiction and to use it wisely and not
19 overreach.
20 And then the last person I want to
21 comment on is Robert Mujica. Now, we all work
22 here, so you are the only people that will
23 understand my next comment. I don't know if I
24 should be euphoric or worried. Now, I can say
25 I'm euphoric because if Robert Mujica is sitting
7258
1 up there, which he's been doing for almost an
2 hour, there's only one of two things that are
3 possible. Either the cleanup and all the work
4 for the legislative session is done --
5 (Laughter.)
6 SENATOR FLANAGAN: -- or we're
7 completely screwed and we're going to be here for
8 another three days because --
9 (Laughter.)
10 SENATOR FLANAGAN: -- he's sitting
11 up there and not negotiating the issues that are
12 left for us to consider.
13 I've had the privilege of working
14 with Robert on many different levels. He of
15 course was a pivotal part and a very strong
16 member of our team when he worked here in the
17 Senate. And of course the Governor can be very
18 smart about certain things. He stole Robert.
19 Robert may have run over there willingly, but he
20 stole Robert.
21 And I saw him, and I said to him,
22 "What are you doing?" Like, "Why are you doing
23 this to yourself? Don't you have enough work to
24 do?" But putting him on the MTA Board is a wise
25 decision on the Governor's part. And, you know,
7259
1 the Governor recognizes this MTA is his, whether
2 he likes it or not. And if it's going to be his,
3 he's got to have the right people there.
4 And the reason I say it's his is
5 because when we talk about the MTA, and
6 someone -- you know, we talk about the MTA, well,
7 you have the city, you have the federal
8 government, and you have all these different
9 entities and these layers of government and
10 bureaucracy.
11 I don't care if you're a bus rider
12 or a subway rider, when you talk to somebody who
13 is talking about public transit, they don't care
14 whether it's the city, they don't care whether
15 it's the State of New York. They just want to
16 know that the right people are there and in
17 charge and working for them. And for far too
18 long the MTA has not properly met that obligation
19 and that mission.
20 Robert, kudos to you, props to you,
21 good wishes to you. And I know that you will be
22 an integral part of helping ameliorate those
23 problems there and make them better for the
24 people of the State of New York.
25 Mr. President, thank you.
7260
1 ACTING PRESIDENT BENJAMIN: Senator
2 Stavisky on the nominations.
3 SENATOR STAVISKY: Thank you,
4 Mr. President. Very briefly.
5 I too want to congratulate
6 Mr. Mujica. It's interesting if you think
7 where -- he works on the second floor. I would
8 say that's almost the third-and-a-half floor.
9 But there's a big gap between the second floor
10 and the legislative chamber. And few people have
11 been able to bridge that gap, but Mr. Mujica has
12 done so.
13 I thank him for what he's doing, and
14 I think he's going to be a good member, a good
15 constructive member of the MTA Board. He is
16 currently a CUNY trustee, and we look to him for
17 opportunities for the CUNY trustees to do
18 everything that they can.
19 The main person I want to speak
20 about is Caryl Stern, who has been nominated as a
21 SUNY trustee. She has a very, very interesting
22 background. She's a graduate of Oneonta, which
23 is part of SUNY, but a master's and a Ph.D. in
24 higher education. So she understands the issues.
25 She served as the head of the Anti-Defamation
7261
1 League. And for some time she has been the head,
2 the CEO of UNICEF United States, which is a major
3 organization.
4 And we congratulate her as well as
5 Robert Mujica.
6 Thank you, Mr. President.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Lanza on the nomination.
9 SENATOR LANZA: Thank you,
10 Mr. President.
11 First I want to say a few words
12 about Robert Mujica. I've known him for many,
13 many years, even before his service in state
14 government, and I can tell you this about him.
15 He is one of the most intelligent, dedicated,
16 hardworking, incredibly passionate public
17 servants I have ever met anywhere, either in my
18 work at the DA's office in Manhattan, the
19 City Council, here in the State Senate.
20 The people of New York are so
21 blessed and fortunate to have him willing to
22 bring his considerable talent and energy, which
23 is beyond description, to the work of this state.
24 And I don't think I would -- I know
25 I would not say this of anyone else. If you put
7262
1 Robert Mujica's name on a piece of paper, I don't
2 even need to look at the title of the position
3 that he is being nominated for. I've never met
4 anyone who knows more about everything than him.
5 I don't believe there's anything or any position,
6 in or out of state government, that he could not
7 excel at, because I've watched him excel for more
8 than 25 years at everything he has done, and
9 we're lucky for it. And I thank the Governor for
10 his nomination and support Robert Mujica.
11 I want to touch on -- a lot has been
12 said about the Parole Board nominees, and I want
13 to add my voice to that. I believe in
14 redemption. I don't just believe in second
15 chances, I believe in third chances and fourth
16 chances when appropriate. And I think it's
17 appropriate more often than not.
18 I believe Senator Sepúlveda said it
19 perfectly. He said he wouldn't support anyone
20 who would say they would release everyone, nor
21 would he support someone who said they would
22 release no one. I think that is the perfect
23 standard. And while I don't -- I also agree with
24 him I don't typically believe that litmus tests
25 in these situations are helpful, I do want to
7263
1 bring this body back 20 years -- more than
2 20 years, to 1980.
3 There was a young girl, 16 years
4 old, Paula Bohovesky. Lived in a small town.
5 Coming home from her after-school job working in
6 a library. Two men saw her walking down the
7 street, Mr. McCain and Richard LaBarbera. McCain
8 grabbed a piece of asphalt and hit her over the
9 head and knocked her down, and then continued to
10 beat her. And then began to sexually assault and
11 rape her, as Richard LaBarbera stood by and
12 watched.
13 It wasn't over, because then Richard
14 LaBarbera, seeing Paula laying on the street,
15 believing her to be dead, began to rape her too.
16 Believing her to be dead, began to rape her too.
17 And when she stirred, he took out a knife and he
18 stabbed her to death.
19 Last week members of the Parole
20 Board of the State of New York decided that
21 Richard LaBarbera, who has refused to accept
22 responsibility, who has refused to express
23 remorse, ought to be released and be able to
24 return to the neighborhood where Paula's mother
25 still resides.
7264
1 Now, I believe in second chances and
2 third and fourth chances. And while I don't like
3 litmus tests, each Parole Board nominee that is
4 being considered right now refused to say that
5 they wouldn't release Richard LaBarbera, refused
6 to say that they disagreed with that decision.
7 It's not their integrity that I
8 question; I don't know them. But by their
9 response to the question about this case, I think
10 they reveal their philosophy. And if you cannot
11 say that you would not parole someone like
12 Richard LaBarbera, then what you are saying is
13 that you would parole everyone.
14 And if that's the case, we do not
15 need a Parole Board in the State of New York.
16 You are just automatically released, by this
17 philosophy. And as Senator Sepúlveda said,
18 that's not what we want. We want you to look at
19 the facts. We want you to look at the situation.
20 And we want you to make a determination based on
21 whether or not this is the right thing for the
22 safety of the people of the State of New York or
23 the wrong thing.
24 And I defy anyone to tell me that
25 they agree with this decision and that releasing
7265
1 someone who has the capacity to do what Richard
2 LaBarbera did ought to be released and that
3 that's a good thing for the safety of the people
4 of the State of New York.
5 For that reason, I did not support
6 those nominees in committee, every one of them,
7 as Senator Bailey said, including the person not
8 before us, because I believe that we ought to
9 utilize Senator Sepúlveda's standard and not
10 where we seem to be, which is anyone, no matter
11 what they did and how they did it and what pain
12 they caused, is automatically released.
13 Thank you, Mr. President.
14 ACTING PRESIDENT BENJAMIN: Senator
15 Gallivan on the nominations.
16 SENATOR GALLIVAN: Thank you,
17 Mr. President.
18 We have a very distinguished and
19 accomplished group of nominees before us, and I'd
20 like to thank them for their public service,
21 congratulate them all on their nomination. I too
22 would like to mention Robert Mujica.
23 The leader went before me and stole
24 what I was going to say, because I was kind of
25 amazed that Robert has been sitting up there for
7266
1 so long doing nothing. Which has never been the
2 case in all the years that I've known him.
3 So I want to congratulate him, echo
4 the comments of my colleagues, in that he is just
5 an incredibly talented, dedicated public servant
6 and New York should be grateful for it. I
7 certainly am.
8 I'd also like to mention my neighbor
9 and friend who's been nominated as a Court of
10 Claims judge, Bill Boller; Howard Zemsky, from
11 Western New York; and then of course our former
12 colleague, Senator Marty Dilan.
13 And that is not to take away from
14 any of the other candidates, but a lot has been
15 said about the Parole Board. And things have
16 been said about the candidates, about the law,
17 about the process, and I'd like to talk about
18 that for a few moments. And I speak from a very
19 unique position. I'm the only member of this
20 body who served as a member of the Board of
21 Parole. As a matter of fact, it's the job I left
22 to represent the citizens of the 59th Senate
23 District. And I served in that capacity for five
24 years.
25 Senator Parker I think was the first
7267
1 to mention diversity, and he's absolutely right.
2 We should have a diverse Parole Board. As a
3 matter of fact, the law requires it. The law
4 sets the standard in the Executive Law. There's
5 qualifications, minimum qualifications to be a
6 member of the Parole Board.
7 So when I was nominated back in
8 2005, I was thrilled. And then I looked at the
9 law, and I was even happier to see that there was
10 minimum qualifications in the law, and I met
11 them. So not just the political appointment, but
12 a college degree, experience in law enforcement,
13 in the law, in criminal justice, in social
14 services, in psychology.
15 It's very important that the board
16 is diverse, from different backgrounds, different
17 neighborhoods, diversity not just -- and I'm very
18 glad that what has been talked about is diversity
19 in many more things than ethnicity, race, sex,
20 but in backgrounds. And the board can be better
21 for it when we have people from across that
22 spectrum.
23 And this group of candidates that
24 the Governor has put forward is indeed diverse.
25 They are very accomplished in their various
7268
1 fields that they've come from. Some individuals
2 have been in different fields throughout their
3 career. But they surely are distinguished and
4 successful. Some have served the public, and all
5 of us should be grateful for that. And also
6 grateful that the Governor has looked at
7 individuals that are very talented.
8 When we look at the individuals that
9 the Governor has put forward, in this case for
10 the Parole Board -- the same could be said for
11 pretty much any board -- what we want to make
12 sure of is that they have an understanding of
13 what that job is, what it entails, the governing
14 statute, and a commitment to follow that statute.
15 So I want to take the liberty of
16 just talking about the governing statute for just
17 a moment, because I don't know that everybody has
18 a clear understanding of what guides the Parole
19 Board in their decisions. It is the Executive
20 Law. It's 259-I. And the Parole Board lays out
21 a number of factors that must be considered
22 before the Parole Board makes a determination.
23 And then the Parole Board lays out the standards
24 of release, taking all of those factors and
25 comparing them against the standards. And that
7269
1 involves more than just the individual who is
2 arrested for a crime, victimized somebody,
3 ultimately incarcerated, and then is before them
4 as a candidate for release.
5 It is public safety, certainly. The
6 welfare of society. The individual's life,
7 essentially -- past, present, future. The
8 instant offense is a factor that has to be
9 considered. The individual's criminal history.
10 How he's performed on parole in the past. The
11 accomplishments, the good accomplishments and the
12 rehabilitation that has taken place, and to what
13 extent, and then future plans -- where they're
14 going to live, how they're going to support
15 themselves, how they're going to live their life.
16 And it's all subjective, of course.
17 They have to take into account victims, district
18 attorneys, other people that have input, and then
19 balance them against standards that of course
20 include public safety, but the welfare of
21 society, the likelihood they'll live and remain
22 at liberty without violating the law. And one
23 that Senator Ranzenhofer mentioned, about
24 diminishing respect for the law. That's the
25 community. That's the people of the State of
7270
1 New York.
2 And the law says, and I quote:
3 "Parole shall not be granted for good conduct
4 only." It matters to all of us.
5 And so the candidates, the parole
6 commissioners who follow the law do what Senator
7 Sepúlveda and Senator Lanza referred to. They
8 follow the law, balance the factors against the
9 standards, and then make an appropriate
10 determination. If somebody comes forward with
11 individual biases and those biases affect their
12 decision, they're not doing the job.
13 And that leads me into the process.
14 And I am so happy Senator Bailey brought up the
15 nominees that released Judith Clark, released
16 Herman Bell and others that Senator Akshar had
17 referred to.
18 Senator Sepúlveda is to be commended
19 for the process this year. I think with six
20 nominees it took us over three hours. Every
21 single member of the committee asked questions of
22 all of the candidates and asked the same
23 questions of the candidates and followed up, of
24 course, as appropriate. It was very extensive.
25 And I can tell you the Crime Victims and
7271
1 Corrections Committee, at least, did its job
2 properly in vetting the candidates, at least as
3 far as the examination and the asking of
4 questions.
5 As we did two years ago when I was
6 the chairman of Crime Victims, Crime and
7 Corrections Committee. We had more than six
8 candidates. We had some new appointments, and we
9 had some reappointments. And we did the same
10 thing. I think we took a total of four and a
11 half hours when we did that.
12 And every single candidate
13 articulated their knowledge of the law. They
14 articulated their knowledge of the factors that
15 had to be considered and their knowledge of the
16 standards of release. And they pledged to us
17 that they would follow the law. They pledged to
18 us they would do their jobs properly for all of
19 us, for all of the communities of New York State.
20 They were confirmed unanimously two
21 years ago. They went through Crime and
22 Corrections unanimously, Finance unanimously, and
23 then of course on this floor.
24 And after that time, there were some
25 of the releases that were spoken of. I want to
7272
1 speak of two of them.
2 In one particular case, Herman Bell.
3 He was before the board, I think it was -- let me
4 think -- 2018 and 2016. I read the transcripts
5 of both particular cases. The common denominator
6 is an individual who was reappointed and went
7 before us two years ago, as I've talked about.
8 The transcript was almost exactly the same. It
9 was verbatim -- Herman Bell's answers were
10 verbatim. Herman Bell's stated, by him, remorse
11 was the exact same if you looked at the
12 transcripts of both.
13 The only difference in that two-year
14 period was Herman Bell had a disciplinary issue
15 in prison. And yet that commissioner voted to
16 hold him in 2016 and release him in 2018. I
17 won't even say which one I think is the correct
18 one.
19 But the same set of facts, the only
20 thing between the two of them was a negative.
21 That individual wasn't doing his job in one of
22 those particular cases.
23 The other case that I want to talk
24 about -- I actually won't talk about an
25 individual case, I won't mention the name. But
7273
1 one of the nominees that came before us that
2 articulated their knowledge of the law, that
3 pledged to uphold the law, shortly after stated
4 to a number of other Parole Board members that
5 "It is my job" -- and I'm quoting -- "my job to
6 release people."
7 That individual lied to us during
8 that particular time, despite our best efforts to
9 properly vet the candidates. That is why some of
10 my colleagues have concerns. And I understand
11 their concerns.
12 The candidates that came before us,
13 I do not -- there was six that went through both
14 committees. I don't think it's appropriate to
15 comment on the name not put before us because
16 that individual is not before us right now, so I
17 will not comment on that. The other five
18 individuals, as I say, they come highly
19 qualified, very, very distinguished. They
20 pledged to uphold the law. And if they uphold
21 the law as they have pledged to do, they'll do
22 their job properly. And I certainly hope that
23 that is the case.
24 Thank you, Mr. President.
25 ACTING PRESIDENT BENJAMIN: The
7274
1 question is on the nominations. All in favor
2 signify by saying aye.
3 (Response of "Aye.")
4 ACTING PRESIDENT BENJAMIN:
5 Opposed?
6 (No response.)
7 ACTING PRESIDENT BENJAMIN: The
8 nominations have been confirmed.
9 To John Howard, commissioner of the
10 Public Service Commission, joined by his wife,
11 Katherine Dollinger; Elsie Segarra, commissioner
12 of the State Board of Parole; and Robert Mujica,
13 member of the Metropolitan Transportation
14 Authority Board, please rise and be recognized.
15 (Standing ovation.)
16 ACTING PRESIDENT BENJAMIN: Senator
17 Serrano.
18 SENATOR SERRANO: Thank you,
19 Mr. President.
20 Can we please take up Calendar
21 Number 1665, which was previously laid aside, and
22 lay it aside for the day.
23 ACTING PRESIDENT BENJAMIN: The
24 bill will be laid aside for the day.
25 SENATOR SERRANO: Also can we
7275
1 please call up Calendar Number 1669, which was
2 previously laid aside, and take that bill up now.
3 ACTING PRESIDENT BENJAMIN: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 1669, Assembly Print Number 8126A, by
7 Assemblymember Paulin, an act establishing the
8 "Gateway Development Commission Act."
9 ACTING PRESIDENT BENJAMIN: Read
10 the last section.
11 THE SECRETARY: Section 2. This
12 act shall take effect immediately.
13 ACTING PRESIDENT BENJAMIN: Call
14 the roll.
15 (The Secretary called the roll.)
16 ACTING PRESIDENT BENJAMIN:
17 Announce the results.
18 THE SECRETARY: Ayes, 62.
19 ACTING PRESIDENT BENJAMIN: The
20 bill is passed.
21 Senator Serrano.
22 SENATOR SERRANO: Thank you.
23 Can we please take up Calendar
24 Number 300, which was previously laid aside, and
25 take that bill up now.
7276
1 ACTING PRESIDENT BENJAMIN: There
2 is a substitution at the desk.
3 The Secretary will read.
4 THE SECRETARY: On page 10,
5 Senator Carlucci moves to discharge, from the
6 Committee on Rules, Assembly Bill Number 6740B
7 and substitute it for the identical Senate Bill
8 Number 4467B, Third Reading Calendar 300.
9 ACTING PRESIDENT BENJAMIN: The
10 substitution is so ordered.
11 The Secretary will read.
12 THE SECRETARY: Calendar Number
13 300, Assembly Bill Number 6740B, by
14 Assemblymember Jean-Pierre, an act to establish a
15 black youth suicide prevention task force.
16 ACTING PRESIDENT BENJAMIN: Read
17 the last section.
18 THE SECRETARY: Section 2. This
19 act shall take effect on the 60th day after it
20 shall have become a law.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7277
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 Senator Serrano.
5 SENATOR SERRANO: Thank you. Can
6 we please return to motions and resolutions.
7 ACTING PRESIDENT BENJAMIN: Motions
8 and resolutions.
9 SENATOR SERRANO: Thank you,
10 Mr. President.
11 On behalf of Senator Hoylman, I move
12 to recommit Senate Print Number 2987, Calendar
13 Number 582 on the order of third reading, to the
14 Committee on Codes, with instructions to said
15 committee to strike the enacting clause.
16 ACTING PRESIDENT BENJAMIN: It is
17 so ordered.
18 SENATOR SERRANO: Mr. President,
19 also on behalf of Senator Hoylman, I move that
20 the following bills be discharged from their
21 respective committees and recommitted with
22 instructions to strike the enacting clause.
23 These are Senate numbers 43, 51, 305, 1998, 4240,
24 and 6543.
25 ACTING PRESIDENT BENJAMIN: It is
7278
1 so ordered.
2 SENATOR SERRANO: Mr. President, I
3 wish to call up Senate Print Number 6346, which
4 is now at the desk.
5 ACTING PRESIDENT BENJAMIN: The
6 Secretary will read.
7 THE SECRETARY: Calendar Number
8 1832, Senate Print 6346, by Senator Sepúlveda,
9 Concurrent Resolution of the Senate and Assembly
10 proposing an amendment to Section 15 of
11 Article VI of the Constitution relating to the
12 New York City Civil Court.
13 SENATOR SERRANO: Thank you.
14 Mr. President, I now move to
15 reconsider the vote by which this bill was
16 passed, and ask that the bill be restored to the
17 order of third reading.
18 ACTING PRESIDENT BENJAMIN: The
19 Secretary will call the roll on reconsideration.
20 (The Secretary called the roll.)
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 bill is restored to its place on the Third
24 Reading Calendar.
25 SENATOR SERRANO: Mr. President, I
7279
1 now move to discharge, from the Committee on
2 Rules, Assembly Print Number 7714 and substitute
3 it for the identical Senate bill. The Senate
4 bill on first passage was voted unanimously. I
5 now move that the substituted Assembly bill have
6 its third reading at this time.
7 ACTING PRESIDENT BENJAMIN: The
8 substitution is so ordered.
9 The Secretary will read.
10 THE SECRETARY: Calendar Number
11 1832, Assembly Print Number 7714, by
12 Assemblymember Dinowitz, Concurrent Resolution of
13 the Senate and Assembly proposing an amendment to
14 Section 15 of Article VI of the Constitution
15 relating to the New York City Civil Court.
16 ACTING PRESIDENT BENJAMIN: Call
17 the roll on the resolution.
18 (The Secretary called the roll.)
19 ACTING PRESIDENT BENJAMIN:
20 Announce the results.
21 THE SECRETARY: Ayes, 62.
22 ACTING PRESIDENT BENJAMIN: The
23 resolution is adopted.
24 Senator Serrano.
25 SENATOR SERRANO: Mr. President, I
7280
1 move that the following bill be discharged from
2 its respective committee and be recommitted with
3 instructions to strike the enacting clause. This
4 is Senate Bill 6598, by Senator Kavanagh.
5 ACTING PRESIDENT BENJAMIN: It is
6 so ordered.
7 SENATOR SERRANO: Thank you.
8 At this time there will be an
9 immediate meeting of the Senate Democratic
10 Conference in Room 332.
11 Can you please call on Senator
12 Gallivan.
13 ACTING PRESIDENT BENJAMIN: There
14 will be an immediate meeting of the Democratic
15 Conference in Room 332.
16 Senator Gallivan.
17 SENATOR GALLIVAN: Thank you,
18 Mr. President.
19 There will be an -- following --
20 when we get out of here, there will be an
21 immediate meeting of the Republican Conference in
22 Room 315.
23 ACTING PRESIDENT BENJAMIN: There
24 will be an immediate meeting of the Republican
25 Conference in Room 315.
7281
1 Senator Serrano.
2 SENATOR SERRANO: The Senate will
3 stand at ease, Mr. President.
4 ACTING PRESIDENT BENJAMIN: The
5 Senate will stand at ease.
6 (Whereupon, the Senate stood at ease
7 at 7:53 p.m.)
8 (Whereupon, the Senate reconvened at
9 10:05 p.m.)
10 ACTING PRESIDENT GIANARIS: The
11 Senate will come to order.
12 Senator Griffo.
13 SENATOR GRIFFO: Mr. President.
14 You look high.
15 (Laughter.)
16 ACTING PRESIDENT GIANARIS: I wish
17 I felt high, Senator Griffo.
18 (Laughter.)
19 ACTING PRESIDENT GIANARIS: Why do
20 you rise?
21 SENATOR GRIFFO: Mr. President, I
22 would like to call an immediate meeting of the
23 Republican Conference in Room 315. It will be a
24 short conference.
25 All members of the Republican
7282
1 Conference, please report to Room 315.
2 Thank you.
3 ACTING PRESIDENT GIANARIS: An
4 immediate meeting of the Republican Conference in
5 Room 315, a very short conference, after which we
6 will return for business.
7 The Senate stands at ease.
8 (Whereupon, the Senate stood at ease
9 at 10:06 p.m.)
10 (Whereupon, the Senate reconvened at
11 10:26 p.m.)
12 ACTING PRESIDENT BENJAMIN: The
13 Senate will return to order.
14 Senator Gianaris.
15 SENATOR GIANARIS: Mr. President,
16 there will be an immediate meeting of the
17 Committee on Rules in Room 332.
18 ACTING PRESIDENT BENJAMIN: There
19 will be an immediate meeting of the Committee on
20 Rules in Room 332.
21 SENATOR GIANARIS: And while we're
22 at it, Mr. President, can you please call up,
23 from Supplemental Calendar 60A, Calendar Number
24 1840 that we laid aside earlier.
25 ACTING PRESIDENT BENJAMIN: There
7283
1 is a substitution at the desk.
2 The Secretary will read.
3 THE SECRETARY: Senator Martinez
4 moves to discharge, from the Committee on Rules,
5 Assembly Bill Number 4810B and substitute it for
6 the identical Senate Bill 6585A, Third Reading
7 Calendar 1840.
8 ACTING PRESIDENT BENJAMIN: The
9 substitution is so ordered.
10 The Secretary will read.
11 THE SECRETARY: Calendar Number
12 1840, Assembly Print Number 4810B, by
13 Assemblymember Garbarino, an act in relation to
14 permitting Patchogue Fire District to file an
15 application for a retroactive real property tax
16 exemption.
17 ACTING PRESIDENT BENJAMIN: Read
18 the last section.
19 THE SECRETARY: Section 2. This
20 act shall take effect immediately.
21 ACTING PRESIDENT BENJAMIN: Call
22 the roll.
23 (The Secretary called the roll.)
24 ACTING PRESIDENT BENJAMIN:
25 Announce the results.
7284
1 THE SECRETARY: Ayes, 62.
2 ACTING PRESIDENT BENJAMIN: The
3 bill is passed.
4 Senator Gianaris.
5 SENATOR GIANARIS: The Senate will
6 stand at ease.
7 ACTING PRESIDENT BENJAMIN: The
8 Senate will stand at ease.
9 (Whereupon, the Senate stood at ease
10 at 10:27 p.m.)
11 (Whereupon, the Senate reconvened at
12 10:38 p.m.)
13 ACTING PRESIDENT BENJAMIN: The
14 Senate will return to order.
15 Senator Gianaris.
16 SENATOR GIANARIS: Mr. President,
17 can we return to reports of standing committees.
18 I believe there's a report of the
19 Rules Committee at the desk.
20 ACTING PRESIDENT BENJAMIN: There
21 is a report of the Rules Committee at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator
24 Stewart-Cousins, from the Committee on Rules,
25 reports the following bills:
7285
1 Senate Print 6184A, by
2 Senator Metzger, an act to amend the Agriculture
3 and Markets Law; and
4 Senate Print 6614, by
5 Senator Bailey, an act to amend the Criminal
6 Procedure Law.
7 SENATOR GIANARIS: Mr. President, I
8 move to accept the report of the Rules Committee.
9 ACTING PRESIDENT BENJAMIN: All in
10 favor of accepting the report of the Rules
11 Committee signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT BENJAMIN:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT BENJAMIN: The
17 Rules Committee report is accepted.
18 SENATOR GIANARIS: Can we now take
19 up the reading of Supplemental Calendar B,
20 please.
21 ACTING PRESIDENT BENJAMIN: The
22 Secretary will read.
23 Senator Gianaris.
24 SENATOR GIANARIS: Mr. President,
25 in my eagerness to conclude the evening, I
7286
1 prematurely called for the reading of the
2 calendar, which I understand is on its way from
3 the room where the Rules Committee took place.
4 So let's just pause for a few
5 seconds while we wait for that to arrive, and
6 we'll get the bills out on everyone's desk.
7 ACTING PRESIDENT BENJAMIN: Senator
8 Gianaris.
9 SENATOR GIANARIS: Let's stand at
10 ease while we wait for that, Mr. President.
11 ACTING PRESIDENT BENJAMIN: The
12 Senate will stand at ease.
13 (Whereupon, the Senate stood at ease
14 at 10:40 p.m.)
15 (Whereupon, the Senate reconvened at
16 10:59 p.m.)
17 ACTING PRESIDENT BENJAMIN: The
18 Senate will return to order.
19 Senator Gianaris.
20 SENATOR GIANARIS: Mr. President,
21 can we now take up the reading of Supplemental
22 Calendar 60B.
23 ACTING PRESIDENT BENJAMIN: The
24 Secretary will read.
25 THE SECRETARY: Calendar Number
7287
1 1844, Senate Print 6614, by Senator Bailey, an
2 act to amend the Criminal Procedure Law.
3 ACTING PRESIDENT BENJAMIN: Senator
4 Gianaris.
5 SENATOR GIANARIS: I believe there
6 is a message of necessity at the desk.
7 ACTING PRESIDENT BENJAMIN: There
8 is a message of necessity at the desk.
9 SENATOR GIANARIS: Move to accept
10 the message.
11 ACTING PRESIDENT BENJAMIN: All in
12 favor of accepting the message of necessity
13 signify by saying aye.
14 (Response of "Aye.")
15 ACTING PRESIDENT BENJAMIN:
16 Opposed?
17 (Response of "Nay.")
18 ACTING PRESIDENT BENJAMIN: The
19 message is accepted, and the bill is before the
20 house.
21 Read the last section.
22 THE SECRETARY: Section 5. This
23 act shall take effect on the same date and in the
24 same manner as a chapter of the Laws of 2019.
25 ACTING PRESIDENT BENJAMIN: Call
7288
1 the roll.
2 (The Secretary called the roll.)
3 ACTING PRESIDENT BENJAMIN:
4 Announce the results.
5 THE SECRETARY: In relation to
6 Calendar Number 1844, those Senators voting in
7 the negative are Senators Akshar, Amedore,
8 Antonacci, Boyle, Flanagan, Funke, Gallivan,
9 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
10 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
11 Robach, Serino, Seward and Tedisco.
12 Ayes, 40. Nays, 22.
13 ACTING PRESIDENT BENJAMIN: The
14 bill is passed.
15 THE SECRETARY: Calendar Number
16 1845, Senate Print 6184A, by Senator Metzger, an
17 act to amend the Agriculture and Markets Law.
18 ACTING PRESIDENT BENJAMIN: Read
19 the last section.
20 THE SECRETARY: Section 11. This
21 act shall take effect on the 90th day after it
22 shall have become a law.
23 ACTING PRESIDENT BENJAMIN: Call
24 the roll.
25 (The Secretary called the roll.)
7289
1 ACTING PRESIDENT BENJAMIN:
2 Announce the results.
3 THE SECRETARY: Ayes, 62.
4 ACTING PRESIDENT BENJAMIN: The
5 bill is passed.
6 Senator Gianaris.
7 SENATOR GIANARIS: Mr. President,
8 if we can return to motions for a moment.
9 On behalf of Senator Bailey, I move
10 the following bill be discharged from its
11 respective committee and recommitted with
12 instructions to strike the enacting clause:
13 Senate Bill 6613.
14 ACTING PRESIDENT BENJAMIN: It is
15 so ordered.
16 SENATOR GIANARIS: On behalf of
17 Senator Gianaris, I wish to call up Senate Print
18 6457A, recalled from the Assembly, which is now
19 at the desk.
20 ACTING PRESIDENT BENJAMIN: The
21 Secretary will read.
22 THE SECRETARY: Calendar Number
23 1635, Senate Print 6457A, by Senator Gianaris, an
24 act to amend the Election Law.
25 SENATOR GIANARIS: Move to
7290
1 reconsider the vote by which the bill was passed.
2 ACTING PRESIDENT BENJAMIN: The
3 Secretary will call the roll on reconsideration.
4 (The Secretary called the roll.)
5 THE SECRETARY: Ayes, 62.
6 ACTING PRESIDENT BENJAMIN: The
7 bill is restored to its place on the Third
8 Reading Calendar.
9 SENATOR GIANARIS: Okay, and on --
10 let me see what this is. This is a new one.
11 Okay, on behalf of Senator Gianaris,
12 I wish to call up Calendar Numbers 137, 914,
13 1776, and 1836, with their corresponding Assembly
14 Print numbers: 318A, 1434B, 8091, and 7372.
15 ACTING PRESIDENT BENJAMIN: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 137, Assembly Print Number 318A, by
19 Assemblymember Paulin, an act to amend the
20 Public Health Law.
21 Calendar Number 914, Assembly Print
22 Number 1434B, by Assemblymember Santabarbara, an
23 act to amend the Agriculture and Markets Law.
24 Calendar Number 1776, Assembly Bill
25 Number 8091, by Assemblymember Magnarelli, an act
7291
1 to amend the Real Property Tax Law.
2 Calendar Number 1836, Assembly Bill
3 Number 7372, by Assemblymember Paulin, an act to
4 amend the Public Service Law.
5 SENATOR GIANARIS: Move to
6 reconsider the vote by which these Assembly bills
7 were substituted.
8 ACTING PRESIDENT BENJAMIN: Call
9 the roll on reconsideration.
10 (The Secretary called the roll.)
11 THE SECRETARY: Ayes, 62.
12 SENATOR GIANARIS: I move that all
13 Assembly bills be recommitted to the Committee on
14 Rules, and all Senate bills be restored to the
15 order of Third Reading Calendar.
16 ACTING PRESIDENT BENJAMIN: It is
17 so ordered.
18 SENATOR GIANARIS: At this time,
19 Mr. President, we will call a meeting of the
20 Committee on Finance in Room 332 at 11:15.
21 ACTING PRESIDENT BENJAMIN: There
22 will be a meeting of the Finance Committee in
23 Room 332 at 11:15.
24 SENATOR GIANARIS: The Senate
25 stands at ease, Mr. President.
7292
1 ACTING PRESIDENT BENJAMIN: The
2 Senate will stand at ease.
3 (Whereupon, the Senate stood at ease
4 at 11:05 p.m.)
5 (Whereupon, the Senate reconvened at
6 12:00 a.m.)
7 ACTING PRESIDENT BENJAMIN: The
8 Senate will return to order.
9 Senator Gianaris.
10 SENATOR GIANARIS: Mr. President,
11 pursuant to Rule 5, without objection, I move
12 that we stay in session past the hour of
13 midnight.
14 ACTING PRESIDENT BENJAMIN: Without
15 objection, so ordered.
16 SENATOR GIANARIS: If we can return
17 to reports of standing committees, I believe
18 there's a report of the Finance Committee at the
19 desk.
20 ACTING PRESIDENT BENJAMIN: There
21 is a report of the Finance Committee at the desk.
22 The Secretary will read.
23 THE SECRETARY: Senator Krueger,
24 from the Committee on Finance, reports the
25 following bills:
7293
1 Senate Print 6615, an act to amend
2 the Public Authorities Law; and
3 Senate Print 6616, an act to amend
4 Chapter 54 of the Laws of 2019.
5 Both bills ordered direct to third
6 reading.
7 SENATOR GIANARIS: Move to accept
8 the report of the Finance Committee.
9 ACTING PRESIDENT BENJAMIN: All in
10 favor of accepting the report of the Finance
11 Committee signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT BENJAMIN:
14 Opposed, nay.
15 (No response.)
16 ACTING PRESIDENT BENJAMIN: The
17 Finance Committee report is accepted.
18 SENATOR GIANARIS: Can we now take
19 up the reading of Senate Supplemental Calendar
20 60C.
21 ACTING PRESIDENT BENJAMIN: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 1846, Senate Print 6615, by Senator Krueger, an
25 act to amend the Public Authorities Law.
7294
1 ACTING PRESIDENT BENJAMIN: Senator
2 Gianaris.
3 SENATOR GIANARIS: Is there a
4 message of necessity at the desk?
5 ACTING PRESIDENT BENJAMIN: There
6 is a message of necessity at the desk.
7 SENATOR GIANARIS: I move to accept
8 the message.
9 ACTING PRESIDENT BENJAMIN: All in
10 favor of accepting the message of necessity
11 signify by saying aye.
12 (Response of "Aye.")
13 ACTING PRESIDENT BENJAMIN:
14 Opposed?
15 (Response of "Nay.")
16 ACTING PRESIDENT BENJAMIN: The
17 message is accepted, and the bill is before the
18 house.
19 Read the last section.
20 THE SECRETARY: Section 3. This
21 act shall take effect immediately.
22 ACTING PRESIDENT BENJAMIN: Call
23 the roll.
24 (The Secretary called the roll.)
25 ACTING PRESIDENT BENJAMIN:
7295
1 Announce the results.
2 THE SECRETARY: In relation to
3 Calendar Number 1846, those Senators voting in
4 the negative are Senators Akshar, Amedore,
5 Antonacci, Boyle, Flanagan, Funke, Gallivan,
6 Griffo, Helming, Jacobs, Jordan, Lanza, LaValle,
7 Little, O'Mara, Ortt, Ranzenhofer, Ritchie,
8 Robach, Serino, Seward and Tedisco.
9 Ayes, 40. Nays, 22.
10 ACTING PRESIDENT BENJAMIN: The
11 bill is passed.
12 THE SECRETARY: Calendar Number
13 1847, Senate Print 6616, by Senator Krueger, an
14 act to amend Chapter 54 of the Laws of 2019.
15 ACTING PRESIDENT BENJAMIN: Senator
16 Gianaris.
17 SENATOR GIANARIS: Is there a
18 message of necessity at the desk?
19 ACTING PRESIDENT BENJAMIN: There
20 is a message of necessity at the desk.
21 SENATOR GIANARIS: Move to accept
22 the message of necessity.
23 ACTING PRESIDENT BENJAMIN: All in
24 favor of accepting the message of necessity
25 signify by saying aye.
7296
1 (Response of "Aye.")
2 ACTING PRESIDENT BENJAMIN:
3 Opposed?
4 (Response of "Nay.")
5 ACTING PRESIDENT BENJAMIN: The
6 message is accepted, and the bill is before the
7 house.
8 Read the last section.
9 THE SECRETARY: Section 2. This
10 act shall take effect immediately.
11 ACTING PRESIDENT BENJAMIN: Call
12 the roll.
13 (The Secretary called the roll.)
14 ACTING PRESIDENT BENJAMIN:
15 Announce the results.
16 THE SECRETARY: In relation to
17 Calendar Number 1847, those Senators voting in
18 the negative are Senators Antonacci, Flanagan and
19 LaValle.
20 Ayes, 59. Nays, 3.
21 ACTING PRESIDENT BENJAMIN: The
22 bill is passed.
23 Senator Gianaris, that completes the
24 reading of the supplemental calendar.
25 SENATOR GIANARIS: Mr. President, I
7297
1 move to recommit the calendar of bills to the
2 Rules Committee.
3 ACTING PRESIDENT BENJAMIN: The
4 calendar is recommitted to the Committee on
5 Rules.
6 SENATOR GIANARIS: Can you now
7 please recognize Senator Flanagan.
8 ACTING PRESIDENT BENJAMIN: Senator
9 Flanagan.
10 SENATOR FLANAGAN: Thank you,
11 Senator Gianaris. Thank you, Mr. President. And
12 thank you to everyone.
13 I'm kind of laughing -- Senator
14 Gianaris said 11:15, and I know he believed it at
15 the time that it would be 11:15.
16 And it just shows you how we're,
17 like, Pavlovian, right? We are all cheering,
18 like, Oh, the message is here! And I'm saying,
19 wait, it's all his fault. We shouldn't have to
20 wait that long. But we did, and it's here. See?
21 That's okay.
22 (Laughter.)
23 SENATOR FLANAGAN: I have seen this
24 movie once or twice, and it's never fun watching
25 or being in it.
7298
1 So anyway, I know we're closing up,
2 and I wanted to offer some thoughts. And I want
3 to thank all of you for giving me the opportunity
4 to speak.
5 I particularly want to thank
6 Leader Stewart-Cousins for being gracious to me
7 all the time. And I don't lose sight of that.
8 So the notion that I can stand here and make
9 comments on behalf of the people in our
10 conference is something that gives me humility
11 and gratitude at the same time.
12 And, you know, I was walking around
13 the halls today, like everybody else, and I'm
14 going to start from sort of the ground level.
15 It's been a long day. And I know, myself, that
16 I've walked around the building, and this place
17 is not only beautiful, it's immaculate.
18 There are thousands of people
19 traipsing through here every day. I know,
20 myself, I probably used the restroom seven,
21 eight, nine times today, and the folks are in
22 there working, making sure this place is clean,
23 and making it a nice place for us and the people
24 who visit.
25 So when I think of the staff, I
7299
1 don't just think of the people who happen to be
2 in this chamber at this moment. And they -- you
3 know, if they're all here, then they're all
4 healthy. So to the staff in a generic sense, I
5 want to say thank you for the work that they do
6 to make this place beautiful.
7 And I'm still in awe after all these
8 years, being able to walk through the halls in
9 this Capitol. And I find myself enjoying it the
10 most on a Sunday night if I happen to come in,
11 and really nobody is here, and just seeing the
12 beauty and splendor of this Capitol. And we all
13 know we have one of the most beautiful state
14 capitols in the entire country, and we shouldn't
15 lose sight of that. And I don't think the people
16 in this room do.
17 So from a staff perspective, you
18 know, we're all very lucky. And I want to start
19 with the Majority, and I want to thank -- I don't
20 see her as much, but she's there and she's
21 smiling and she is like doing great. Exhausted,
22 but doing great. Shontell, I want to say hello,
23 I want to thank you.
24 And, by extension, I know some --
25 Nic and Jess, you've been sitting there all
7300
1 along. But Nic, Jess, Kenan, Eric, you all do
2 great work on behalf of the members that you
3 represent.
4 And I know, Eric, you've played a
5 pivotal role in making sure that our members were
6 properly informed and properly treated. It does
7 not go unnoticed. And for that, I know we are
8 all grateful.
9 And by extension -- they seemingly
10 are staff, but they are also members in this
11 body. Senator Gianaris has done a superb job,
12 and he has worked extraordinarily with our
13 colleagues and with Senator Griffo.
14 So, Mike, to you -- Senator
15 Gianaris, to you, respectfully, thank you for
16 helping make sure that we could actually get the
17 people's business done and that we are acting in
18 a timely capacity.
19 Senator Benjamin, I've said this to
20 you before, I'll say it again publicly. You
21 distinguish yourself by how you help run the
22 chamber. And I know it's not always easy.
23 Senator Griffo did it for a long time. I
24 actually did it for a while as well. And the
25 smooth flow in terms of how things get done, it
7301
1 may -- it's seamless, and sometimes the people
2 who come here don't realize it.
3 Senator Griffo, of course, has been
4 more than I could have ever asked for as a
5 colleague, as a friend, and as our floor leader.
6 He has a combination of humility, he has a
7 sassiness to him when it's appropriate. He has a
8 great sense of humor. And he knows all the
9 rules. So he knows where to push forward and to
10 pull back, and I don't think that's lost on
11 anybody.
12 So I think I'm on solid ground by
13 saying we collectively, as a body, deserve credit
14 for doing the people's business in a timely
15 fashion.
16 From our side of the aisle, we have
17 great staff. We don't have as many staff as we
18 used to have but, you know, we have great staff.
19 (Laughter.)
20 SENATOR FLANAGAN: And you all know
21 that. And that's okay, because that's the way of
22 the world.
23 So Shawn MacKinnon, our Finance
24 team -- Shawn has been around for a long time, as
25 many of you know. Shawn MacKinnon, Joe Messina,
7302
1 Scott Reif, Joe Conway, Morgan and Ben and Morgan
2 and Ben and Morgan and Ben, for all their work on
3 the floor. They help us get our business done.
4 And Joe has been a gem. You all
5 know him for a long period of time. I see Eric
6 shaking his head. He's nodding in assent, not
7 going the other way. But Joe has really been
8 fantastic in helping get things done in our
9 chamber here.
10 For me personally, I mentioned a
11 number of our staff, had an opportunity to speak
12 with them individually, and we had the
13 opportunity to bring back, from semiretirement --
14 Madam Secretary, I forgot to recognize your
15 yeomanlike efforts on behalf of keeping the
16 lights on, keeping the place running. Very
17 helpful to all of us. You have worked very well
18 with our team, including Frank Patience, who is
19 still revered by many here. I was very grateful
20 to have him come back, and our support staff.
21 And in my office, I'm going to take
22 the liberty of talking about Robin Mueller, who's
23 been around for a long time. And many of you
24 know who she is. She does a fantastic job just
25 making people feel good, simply making people
7303
1 feel good and welcome. Peter Mooney has been
2 with me for a very long time, and Carl Mills is
3 floating around here somewhere, right back there.
4 So we all have our lists. And I
5 know what my list looks like, and I'm very
6 grateful to everyone that I work with.
7 Now, I also want to congratulate our
8 new members, the 17 new members in this body.
9 And yes, you have 15, we have two. But we have
10 17 new members, and I am grateful to every one of
11 you who took the time to put your name out there,
12 your reputation, your work ethic, and you
13 succeeded. And you deserve plaudits and applause
14 for that, and coming here to Albany.
15 And for people who haven't worked
16 here before, it can be overwhelming. Senator
17 Jordan, one of our new colleagues, worked here as
18 staff. It's vastly different when you come in as
19 a member. Without an iota of disrespect to the
20 staff, it's vastly different when you come in as
21 a member.
22 Now, we've had some very poignant
23 debates over the last couple of weeks -- even the
24 last couple of days. And I want to highlight the
25 qualities of being a public servant, not from an
7304
1 elected's standpoint, but from a staff
2 standpoint. There's a whole bevy of people here
3 who help run this place.
4 Now, I watched the other night -- I
5 watched Senator Sepúlveda debate the driver's
6 license bill. And I watched him, but I saw the
7 passion and the dedication of the staff that was
8 swarming behind him.
9 (Laughter.)
10 SENATOR FLANAGAN: And you know
11 what? It's daunting. It is tough.
12 And for our seasoned staff, it's one
13 thing. When you have new young staff who come in
14 with -- full of vim and vigor and enthusiasm, we
15 should be embracing that. Because they are our
16 leaders. And you all will be our future leaders
17 here, not only at the staff level, but some of
18 you are going to run for office. Daphne Jordan
19 ran for office. I'm very grateful, and we should
20 all be very grateful that we have people like
21 that.
22 So we are blessed on so many
23 different levels for competent people, and having
24 that new blood goes a long way. And in this
25 chamber, this is like -- this is a hotbed of
7305
1 ideas. This is a place for an exchange of ideas
2 and honest debate back and forth. And lately
3 it's been a little tougher. It's been a little
4 tougher. Because you have strong ideas, and we
5 have strong ideas. And each of us is doing our
6 due diligence and passionately representing the
7 people that elected us to come here to the
8 Senate.
9 So I think of basic words: Respect,
10 decorum, civility, true and earnest debate. And
11 there should be nothing wrong with that. Anyone
12 in this chamber -- I'm looking at Diane Savino.
13 She is no -- never going to be a shrinking
14 violet. And you know what? That's great. But I
15 should be able to have a debate with her, go at
16 it, and then walk out and smile and shake hands
17 and give each other a hug.
18 And that's the type of thing that I
19 think we need to demonstrate to the people who
20 come here and lobby. And I want to make sure
21 that we really do focus on that, because how we
22 do things in here is a reflection of what happens
23 outside.
24 We need to demonstrate to the people
25 who come here that they should be giving
7306
1 respect and decorum and civility to everybody in
2 this chamber, staff and members. I saw people
3 this year under siege, and on occasion I didn't
4 think that was appropriate. But I just think we
5 need to be mindful of how important it is to make
6 sure that this chamber is a hallowed place.
7 It doesn't make us special. It
8 doesn't make John Flanagan special at all. But
9 the notion that we can come here in a democracy
10 and have this free exchange of ideas, that's
11 something we should never, ever lose sight of.
12 And when I think about what has
13 happened this year, you know, I do want to talk
14 about some specific things and then a broader
15 thing, and then I promise I will wrap up my
16 remarks.
17 Going back, this is my 33rd session.
18 And when we -- I know the word "history" has been
19 used on multiple occasions. And that's okay. So
20 from a historical perspective, I want to
21 recognize Senator Montgomery and I want to
22 recognize Senator LaValle.
23 And you know what -- I mean, I say
24 that with reverence. I absolutely say that with
25 reverence. The longest-serving member in your
7307
1 conference; the longest-serving member in our
2 conference and the dean of the New York State
3 Senate. And you know what? That's a badge that
4 he should wear proudly. Senator Montgomery, you
5 deserve those accolades as well.
6 And I think after that,
7 Senator Seward and I are probably next in terms
8 of seniority.
9 I haven't spent my whole career
10 here. But I still am very, very grateful to be
11 able to serve as a public servant. And for me, I
12 wanted to express to everybody how proud I am to
13 work with you and how lucky, how lucky I am to be
14 a member of this body.
15 I missed the beginning of the year,
16 and Senator Griffo did monumental work on behalf
17 of the people here. And I missed it physically,
18 but I also missed it mentally. But the good news
19 is, I was able to come back. And I don't know if
20 I can properly express for all of you how much
21 that means.
22 And you know what? You all know
23 this. I'm not saying this to be a wise guy. I'd
24 like to still be sitting there. But there was a
25 bigger plan. And I'm comfortable being here,
7308
1 very proud to work with my colleagues and deliver
2 the message that we think we need to.
3 So I have always felt a sense of
4 gratitude, this year in particular, keeping
5 things in perspective and recognizing that life
6 can be fleeting and short. So if we're here, by
7 golly, let's make the best of what the heck we're
8 doing.
9 So I think where we are, from our
10 conference's standpoint, is we're in a time that
11 we have strong philosophical differences. And I
12 know -- I think I'm confident about some of the
13 things that Senator Stewart-Cousins will say
14 about historical things that occurred this year.
15 And you would be right. It's historic that
16 you're in the majority. It's historic that you
17 are the new leader, on so many different levels.
18 And the people decided that's the way it was
19 going to be in the State of New York.
20 We have an obligation to govern
21 along with you. We have an obligation to keep
22 your feet to the fire. We have an obligation to
23 just passionately represent the people that sent
24 us here.
25 So when I look back to the beginning
7309
1 of the year, you know, I think we had a major
2 lost opportunity with Amazon -- 25,000 jobs,
3 $27 billion in revenue. You know, but I'm going
4 to bring these things up, in fairness, because
5 I -- you know, I'm not casting it on anybody, I'm
6 bringing up issues. Issues that I think matter.
7 Because when I go home, there are certain things
8 that I want to talk to people about in terms of
9 what our priorities are and what our philosophy
10 is. So yes, in my opinion, that was a lost
11 opportunity.
12 And there was landmark legislation
13 passed, some of which I agreed with and others
14 that I very strongly and vehemently disagreed
15 with. You know, in terms of the budget, there
16 were tax increases. Every tax that came up was
17 passed. There were no tax cuts. We don't think
18 there was appropriate economic development. We
19 don't think there was enough done to create jobs
20 in the State of New York. And it's not like I'm
21 saying this as a case of first impression,
22 because Senator Stewart-Cousins knows I've said
23 this all along. You all have disagreed. But
24 we're going to sort of stake out our claim.
25 So in terms of priorities, we feel
7310
1 like some of the things that we used to go for
2 have not been given the requisite attention that
3 they should. For example, there's no state
4 spending cap. That's something we passed every
5 year. And I've listened to a lot of people talk
6 about the property tax cap, and I heard people
7 saying, well, we should be thanking you.
8 In reality, the person who started
9 the property tax cap debate was George Pataki.
10 George Pataki proposed the STAR program with a
11 property tax cap. People forget that. And we
12 fought and fought and fought and fought and
13 fought to get that, passing it every year,
14 passing the spending cap.
15 And I will say I am very happy that
16 the property tax cap has been made permanent.
17 That saves billions of dollars for taxpayers all
18 across the state. But I think we played a
19 pivotal role in getting that across the finish
20 line. And the Governor wasn't on board
21 originally, but he did come around. That's good
22 for your conference, that's good for our
23 taxpayers. And I think those are things that we
24 should be paying attention to.
25 You know, and then just on criminal
7311
1 justice, in the last couple of days we had some
2 significant debates. And I'm going to repeat, I
3 don't doubt the sincerity of our colleagues
4 whatsoever. But when we passed a resolution
5 saying that we're going to reduce sentences for
6 17,000 people for drug-related offenses, that's
7 not what I believe in. That's not what my
8 constituents believe in.
9 And I thought 17,000 was a lot until
10 we did the bill today on the decriminalization of
11 marijuana -- and I understand some of the parts
12 of that bill. But now we're talking about
13 reducing sentences for well over hundreds of
14 thousands of people. I don't think that's what
15 the constituents that I represent want. And I
16 think when I say that I'm reflecting the values
17 of the people in our conference.
18 On criminal justice, we just simply
19 don't believe that the focus was enough on
20 victims. I respect the fervor and the passion
21 associated with what you've advanced in terms of
22 criminal justice reform, the bail issues, the
23 general reform issues, fighting for things on
24 issues like solitary confinement, which has not
25 happened.
7312
1 But nonetheless, we are in a
2 different position, and our orientation is just
3 not the same as the one that this Majority
4 represents. And we're going to keep pushing.
5 And we're going to have those disagreements. And
6 we're going to see where the people end up.
7 So -- but when I go home, I want to be able to
8 talk straight to the people I represent.
9 The last two things that I want to
10 say -- you know, I can talk about things like the
11 DREAM Act and other things like that, but I'm
12 going to focus on two last things.
13 Rent control was lauded by the
14 Majority on so many different levels. That is
15 not good public policy, in my opinion. Not in
16 the short term, but in the long term I think it's
17 going to be even worse. And I know a number of
18 you are saying, You don't know what you're
19 talking about. I'm giving you my informed
20 judgment and my informed opinion by listening to
21 a lot of the people that I work with. So I think
22 permanentizing rent control is just not good for
23 the people that we represent.
24 And I've said this before. I want
25 everyone's district -- I'm looking at Senator
7313
1 Kennedy. If people are doing well in your
2 district, that's good for José Serrano and that's
3 good for me. So I don't lose sight of that. But
4 rent control, that's tough.
5 And I think in the last day, when we
6 did the farmworkers bill, that -- that was a big
7 one. That was a really, really big one for the
8 members of our conference. And I just, again,
9 think it's a reflection of where we are.
10 And I don't want to paint for one
11 second a picture that this is us versus them or
12 you versus us. It's a core set of ideas that
13 we're just going to strive to continue to bring
14 forward. Do we want to talk about tax cuts?
15 Yes. Do we believe in investments in education
16 and highway infrastructure and the environment?
17 Of course we do. But how do we get there?
18 So when we go home, I want to be
19 able to talk to my constituents and my colleagues
20 want to be able to talk to our constituents about
21 what happened in Albany. And yes, it is
22 historic. But I don't think all of it's good. I
23 don't think it's all good for the people that we
24 represent.
25 And I will just close by saying
7314
1 again, thank you to the leader, thank you to all
2 of you for taking the time to listen to me. I
3 know a lot of you don't agree with some of the
4 things I said, but I'm never going to equivocate
5 in terms of where we are. As I said, a hotbed of
6 ideas and exchange, real debate, and we'll let
7 the public decide as we move forward whether
8 you're right or whether we're right.
9 And I am grateful to be with all of
10 you. Safe travels, a healthy, productive summer
11 for everyone. And God willing, we'll run into
12 each other but we won't see each other until
13 January.
14 (Laughter.)
15 SENATOR STEWART-COUSINS: Or we'll
16 see each other and not run into each other.
17 SENATOR FLANAGAN: Well, okay.
18 (Laughter.)
19 SENATOR FLANAGAN: Leader
20 Stewart-Cousins, thank you.
21 Mr. President, thank you.
22 (Standing ovation.)
23 ACTING PRESIDENT BENJAMIN: Senator
24 Gianaris.
25 SENATOR GIANARIS: Mr. President,
7315
1 at this time can you please recognize the
2 Temporary President of the Senate, Majority
3 Leader Andrea Stewart-Cousins.
4 ACTING PRESIDENT BENJAMIN:
5 Temporary President of the Senate and Majority
6 Leader Andrea Stewart-Cousins.
7 SENATOR STEWART-COUSINS: Thank you
8 so much, Mr. President.
9 And it is -- the hour is late, and I
10 think everybody is, like I am, ready to just go
11 back and remember the history but very happy to
12 be back in our districts.
13 But I think that it -- it would be
14 remiss if I didn't spend just a little bit of
15 time talking about the history that was made here
16 and talking about the productivity of this
17 incredible session.
18 But first I do want to thank my
19 legislative partner in the Assembly, Speaker Carl
20 Heastie. It was great being dubbed, early on,
21 the Wonder Twins and actually being able to do
22 good work together and, you know, leave with the
23 feeling that we've accomplished so much.
24 I think that this year we had more
25 of the laws, more same-ases that were passed,
7316
1 about 800. And that says something about the
2 ability of our two houses to cooperate.
3 (Scattered applause.)
4 SENATOR STEWART-COUSINS: And I
5 also, of course, want to thank the Governor. You
6 know, I think everyone knows that we've had our
7 ups and downs. But, you know, I think he and I
8 both decided that we would end this year up. And
9 so I do want to thank him. Although we did, as
10 you said, have to wait a little while for this
11 moment.
12 (Laughter.)
13 SENATOR STEWART-COUSINS: And of
14 course Senator Flanagan. I am always pleased to
15 be, you know, your colleague and to really, as I
16 always told you when you were here, we always
17 agreed that either one of us could be the other
18 one of us. And so we always were mindful of how
19 the other would want to be treated wherever they
20 were. And I think we've been able to work as
21 good partners because the respect has always been
22 there, as well as obviously for all of our
23 colleagues.
24 I think when we talk about the
25 decorum and the way we are supposed to be, I like
7317
1 the way this chamber feels. I think people --
2 although we've had so many philosophical,
3 politically different debates, I think everyone
4 has really managed to raise the bar. And so I
5 thank you for your collegiality, and of course to
6 all of the members here on the other side of the
7 aisle who worked with us in different
8 circumstances.
9 And of course Senator Griffo, you've
10 already gotten your plaudits for working so well
11 with Senator -- my deputy -- Gianaris, and the
12 two of you do run this chamber in extraordinary
13 style. And, you know, you get our work done.
14 And so, you know, for that I thank you.
15 And obviously my deputy, Senator
16 Gianaris. You know, you are somebody who, you
17 know, you just know when to -- when to stand up,
18 you know when to stop, you know when to say go.
19 But as I said, I really appreciate having been
20 your partner in this journey, which has been
21 quite, quite interesting and exciting. But I
22 thank you for the work that you continue to do on
23 behalf of all of us.
24 And, you know, we talked about the
25 staff, and I've got to say, Senator Flanagan, you
7318
1 name-checked a lot. So I'm -- I appreciate that.
2 And it's true, because, you know, on this -- it
3 takes a lot. It takes a lot to run this and to
4 make it -- to make it look like there's no
5 hiccups and that there's no -- no snafus and no
6 drama. And you have to have a lot of talented
7 people. And we certainly do, again, on both
8 sides of the aisle.
9 And for us, you know, I want to give
10 a special recognition to Shontell Smith, because
11 as my chief counsel and my chief of staff, she
12 has taken on a role -- and again, we didn't have
13 the opportunity -- I mean, this was all
14 on-the-job training. And, you know, she just
15 clicked. So I want to thank you, Shontell, for
16 being the gatekeeper and No. 72 in power. Can
17 you imagine this?
18 (Laughter.)
19 SENATOR STEWART-COUSINS: But I
20 really want to thank you for that.
21 And of course I want to thank Todd,
22 Todd Scheuermann, who came new, came from the
23 second floor, and really jumped in and made sure
24 we were able to navigate those budget waters, of
25 course alongside Liz, who, you know, I know is
7319
1 not necessarily easy because she knows absolutely
2 where she wants to get. So, Todd, you've been
3 masterful.
4 And I do want to also give a
5 shout-out to Mike Murphy, who has managed the
6 press over these years. And, you know, again,
7 our press has been very -- quite different from
8 when we were in this situation a while ago.
9 And I also want to give a special
10 shout-out to Laura Manno, who again runs my
11 day-to-day operations, and all of the staff that
12 again make this an easier job than it would
13 ordinarily be.
14 And then of course I want to thank
15 this amazing conference. You know, we started
16 39 strong. And 15 new people, as you said. You
17 know, 14 women on this side when we started,
18 20 women in the chamber. And I was just so -- so
19 excited, and everyone again was saying, Well, how
20 are you going to manage all these people? And,
21 you know, they're all so different and you've got
22 the new people and they're -- everything was
23 supposed to be so hard.
24 But it wasn't. Because as I say,
25 day after day, the thing that binds this
7320
1 conference, the thing that makes this conference
2 excellent is the fact that each and every one of
3 you is dedicated to making sure that
4 New Yorkers -- not just in your district, but
5 across the state -- have your attention and have
6 your commitment to the very best job you can do.
7 And I really thank you for making
8 what would normally be -- we talk about historic.
9 You know what we've done. I'll go over it
10 quickly -- but for making it, again, fast and
11 easy. We were cohesive, we were collective, and
12 we've gotten the job done. You have been
13 incredible.
14 Before I go into some of the things,
15 I do want to thank Ale. Because she's a
16 history-maker as well. And we are in this
17 beautiful chamber. And Ale, thank you for making
18 sure that, again, you know, this place lives up
19 to what New Yorkers expect it to live up to.
20 At the beginning of this historic
21 session, I stood in this hallowed space and spoke
22 of our choices. I said that we could travel down
23 two paths. We could travel down a path of
24 putting up barriers, or we could travel down a
25 path that would create opportunities.
7321
1 I spoke as the first woman Majority
2 Leader in this state's 230-year history. And as
3 I looked out at the new Democratic Majority which
4 was occurring for just the third time in
5 50 years -- as I said earlier, there were people
6 who had doubts because they had already painted
7 us with the broad strokes of years past.
8 However, today it's clear that over
9 the past months we've fought to break down
10 barriers and we've chosen the path of creating
11 opportunities. This session we've chosen to
12 stand up with the people over special interests.
13 We've chosen to invest in the future over the
14 failed policies of the past. We've chosen
15 science over rhetoric. We've chosen equality
16 over divisiveness. That was the most -- this was
17 the most historic and productive legislation
18 session in New York State history, period.
19 If not for the long hours that have
20 preceded us, I could read off pages and pages of
21 accomplishments. But you do have them, so -- you
22 just happen to have them. But I will read some
23 and not all of them, just so you know.
24 We delivered sweeping and historic
25 reforms demanded by New Yorkers; commonsense gun
7322
1 legislation; voting reforms; Child Victims Act;
2 GENDA. We banned gay conversion therapy on
3 minors. We did the DREAM Act. We did ethics
4 reform, including closing the LLC loophole. We
5 did the Reproductive Health Act, Comprehensive
6 Contraceptive Coverage Act.
7 We put forth a fiscally and morally
8 responsible and on-time budget that included
9 record investment in school funding. We finally
10 did make the property tax cap permanent. We
11 protected New York's access to affordable and
12 quality healthcare. And long overdue changes, as
13 you mentioned, Senator, to our criminal justice
14 system.
15 This year the new Senate Democratic
16 Majority set out across New York State. We held
17 hearings on issues ranging from housing to
18 surrogacy. And as the #MeToo movement pushed
19 society forward, we -- yes, as we mentioned
20 earlier this week, held the first sexual
21 harassment hearings in 27 years that led to
22 important legislation to combat sexual harassment
23 that we just passed.
24 By talking directly and working
25 directly with New Yorkers and not just within the
7323
1 Albany bubble, we were able to tackle issues that
2 some said we'd never be able to do. The
3 strongest affordable housing legislation and
4 tenant protection in history. And the most
5 aggressive, comprehensive climate change
6 legislation in the nation.
7 And during these final days, we have
8 been able to work together to have a remarkable
9 end of session, with efforts that have included
10 the Green Light Bill that boosts our economy,
11 makes our roads safer, helps so many people;
12 expanding the statute of limitations on rape in
13 the second and third degrees; abolishing gay and
14 trans panic defenses; addressing wage
15 discrimination and equal pay for equal work. We
16 supported MWBEs, farm laborers yesterday. And
17 today -- thank you, Jamaal. I didn't come out --
18 I didn't have a chance to come out earlier, but
19 thank you, Jamaal, for leading, finally, the
20 decriminalization of marijuana.
21 You know, just briefly, I know that,
22 Senator Flanagan, you mentioned that and how it
23 would, you know, change the trajectory of
24 hundreds of thousands of people. And you know,
25 quietly, when you said that, I said, Yes, and
7324
1 many of them look like me.
2 The reality is that there has been a
3 difference and a disparity in who pays for
4 certain things. And I'm hoping that, you know,
5 those people will be able to proceed with their
6 lives without the criminalization which would
7 prevent them from being in a place like this.
8 So it was just so important, so much
9 that we've done. From Buffalo to Brooklyn, the
10 Island to the Hudson Valley, each one of us has
11 worked tirelessly to make New York a fairer place
12 to live and to prosper. And once again, we've
13 sent the message to New Yorkers -- and even the
14 rest of the nation -- that when given the choice,
15 this house, this Majority will always take the
16 path of creating opportunities and tearing down
17 barriers.
18 While Washington continues to go
19 against some of our values and morals,
20 New Yorkers can know that this state government
21 is fighting for them at home, and America can
22 look to us as a beacon not only of resistance but
23 of progress and of hope and of action.
24 So, Senator Flanagan, you talked
25 about a lot of things that we still have to do,
7325
1 and we know that. We, like you, like all of us,
2 care about building our economy and jobs and,
3 again, creating those opportunities.
4 And after we have a break, after we
5 go back to our districts, reconnect with our
6 families, get grounded in being back in the
7 district, enjoy the summer, enjoy the rest of the
8 time -- and when we come back, we will come back
9 redoubling our efforts to work together to make
10 this state the greatest it can possible be.
11 Please enjoy, and thank you so much
12 for a historic and good session.
13 Thank you.
14 (Extended standing ovation.)
15 ACTING PRESIDENT BENJAMIN: Senator
16 Gianaris.
17 SENATOR GIANARIS: Senator
18 Benjamin -- Mr. President -- is there any further
19 business at the desk?
20 ACTING PRESIDENT BENJAMIN: There
21 is no further business at the desk.
22 SENATOR GIANARIS: I move to
23 adjourn to a date and time at the call of the
24 Temporary President of the Senate, with
25 intervening days being legislative days.
7326
1 ACTING PRESIDENT BENJAMIN: On
2 motion, the Senate stands adjourned until a date
3 and time at the call of the Temporary President
4 of the Senate, intervening days being legislative
5 days.
6 (Loud cheers; applause.)
7 ACTING PRESIDENT BENJAMIN: The
8 Senate is adjourned.
9 (Whereupon, at 12:42 a.m., the
10 Senate adjourned.)
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